2 HIGH COURT OF TRIPURA AGARTALA Crl. L. P. No.17 of 2024 in Crl. A. No.27 of 2024 The State of Tripura ---- Petitioner(s) Versus Sri Prasenjit Nath ----Respondent(s) For Petitioner(s) : Mr. Raju Datta, P.P. Mr. Rajib Saha, Addl. P.P. For Respondent(s) : Mr. Bhaskar Deb, Adv. HON’BLE MR. JUSTICE BISWAJIT PALIT Order 27/01/2025 Learned P.P., Mr. Raju Datta along with Learned Addl. P.P., Mr. Rajib Saha is present on behalf of the petitioner. Learned Counsel, Mr. Bhaskar Deb has appeared on behalf of the respondent-accused. The appellant has preferred this appeal challenging the judgment and order of acquittal dated 04.07.2024 delivered by Learned Special Judge (NDPS), North Tripura, Dharmanagar in connection with case No. Special(NDPS) No.42 of 2019 under Section 21(b) of NDPS Act and along with memo of appeal, an application for condonation of delay is separately filed and another application under Section 378(3) of Cr.P.C for granting special leave to appeal is filed. Taking part in the hearing, Learned P.P. first of all drawn the attention of the Court that the appellant has mentioned the grounds for allowing special leave to appeal in para Nos.5, 6, 7, 8, 9 and 10 of the application in detail and according to Learned P.P., Learned Special Judge (NDPS), North Tripura, Dharmanagar at the 2 time of delivery of judgment has failed to consider the provisions of Section 42, 50 and 57 of NDPS Act and came to an erroneous finding that the prosecution has failed to prove the aforesaid provisions of law in conducting the case, for which gross miscarriage of justice has been caused. So, Learned P.P. urged for granting special leave to appeal. On the other hand, Learned Counsel, Mr. Bhaskar Deb appearing on behalf of the respondent-accused submitted that on perusal of the judgment of Learned Special Judge, (NDPS), North Tripura, Dharmanagar, it appears that the Learned Special Judge has rightly came to the observation that the said provisions as referred by Learned P.P. were not complied with by the Investigating Authority and as a result, judgment was rightly delivered and order of acquittal of the accused is just and proper. I have heard both the sides and seen the petition filed by the petitioner and the grounds as mentioned in para No.5, 6, 7, 8, 9 and 10 of the petition for special leave to appeal. I have also seen the annexed documents filed with the petition for special leave to appeal. Considering all, it appears to this Court that there is material for considering this appeal and as such, the grounds as mentioned in the application are accordingly considered. The application for special leave to appeal filed under Section 372 of Cr.P.C. is accordingly allowed and thus disposed of. JUDGE Deepshikha MOUMITA DATTA Digitally signed by MOUMITA DATTA Date: 2025.01.28 18:07:59 -08'00'