The State of West Bengal v. Shyamal Maity
Case brief
What is this about?
The Calcutta High Court, Criminal Misc. Jurisdiction Division, cancelled anticipatory bail granted to an accused found in possession of 16,000 kgs of Public Distribution System rice. The Court held the lower order was perverse, misdirected, and applied an inapplicable legal ratio, noting the violation of the West Bengal Public Distribution Control Order, 2013, issuance of notices by the Court.
What did the court decide?
The anticipatory bail granted on November 25, 2022 is cancelled along with all consequential steps. The opposite party is directed to surrender within five days.
What the court decided
1
C.R.M. (DB) 836 of 2023
IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE
Present: The Hon’ble Justice Debangsu Basak And
The Hon’ble Justice Md. Shabbar Rashidi
C.R.M. (DB) 836 of 2023
The State of West Bengal Vs. Shyamal Maity
For the Petitioner-State
:Mr. Rudradipta Nandy, Ld. APP Mr. Ranadeb Sengupta, Ld. Advocate
For the opposite party : Mr. Sabyasachi Chatterjee, Ld. Advocate Mr. Sandipan Das, Ld. Advocate Mr. Badrul Karim, Ld. Advocate Mr. Dipankar Das, Ld. Advocate
Hearing concluded on : May 10, 2023 Judgment on : May 10, 2023
DEBANGSU BASAK, J.:-
Issues for consideration
3 issues framed by the court
Whether anticipatory bail granted based on violation of search and seizure provisions under the West Bengal Public Distribution (Maintenance and Control) Order, 2013 should be cancelled when the High
Whether the ratio laid down in Laxmikant Sarda case regarding grant of anticipatory bail under Essential Commodities Act and Kerosene Control Order can be applied to the Public Distribution System vio
Whether the failure of the learned Judge to issue notice under Section 41A CrPC and overlook the possession of 16,000 kgs of Public Distribution rice justifies cancelling the anticipatory bail.
Parties & counsel
- petitioner
The State of West Bengal
- respondent
Shyamal Maity
Coram
Debangsu Basak
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · May
- Registered
- Case no.
- CRM (DB)/836/2023
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