The Court disposed of an application for anticipatory bail under Section 438 CrPC regarding an NDPS offence. It held that petitioners not named in the charge sheet are not wanted but requires 15 days' notice for arrest if required.
Anticipatory bail granted on conditions: petitioners not wanted; arrest requires 15 days' notice.
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12.03.2021 Court No.28 Item No. 14 Krishnendu Disposed of
C.R.M. No. 283 of 2021 (Via video Conference)
In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Kaliachak Police Station Case No. 41 of 2016 dated 28.01.2016 under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( Special Case No. 54 of 2016) .
And
In Re : Jagannath Pramanik & Ors.
…Petitioners
Ms. Minoti Gomes Mr. Mounick Ghosh Mr. Neguive Ahmed, ld.A.P.P. Mr. Anowar Hossain Ms. Manisha Sharma
It has been pointed out by Mr. Ahmed, learned advocate for the State that the present petitioners’ names do not appear in the charge sheet. Pursuant to the earlier order dated 10.02.2021 passed by this Court, the explanation, so tendered, is not satisfactory. Mr. Ahmed does not intend to rely upon the same also.
Having regard to the circumstances of the case, we are of the opinion that the petitioners are not wanted in connection with this case. In case they are required, the Investigating Officer will not arrest them without granting them 15 days’ notice for appearance before the Investigating Agency.
With the aforesaid observations, the application for anticipatory bail, being CRM 283 of 2021 is disposed of.
2
The Investigating Officer is present in Court. His personal appearance is dispensed with.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)
2 issues framed by the court
Whether anticipatory bail should be granted where names do not appear in the charge sheet but are not wanted in the case.
Whether the petitioners require 15 days' notice before arrest if they are needed in the investigation.
2 provisions across 2 enactments
Jagannath Pramanik & Ors.
The State
Tirthankar Ghosh
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
