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Rajesh Jaiswal @ Dabbu & Ors. v. State of West Bengal

Calcutta HC3 May 2023CRR/1267/2011

Case brief

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What is this about?

The High Court dismissed the State's challenge, setting aside an additional Sessions Judge's order that erroneously mandated a local surety from West Bengal for the accused, rejecting the ground that the accused were non-residents.

What did the court decide?

The impugned order dated 30th March 2011 modifying bail conditions to require a local surety from West Bengal was set aside.

Rajesh Jaiswal @ Dabbu & Ors. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2023)

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03.5.2023

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Court No.236 Item no.56 B.M.J.R

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C.R.R. 1267 of 2011 Rajesh Jaiswal @ Dabbu and Ors Vs. The State of West Bengal

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Mr. Bidyut Kumar Ray Mr. Pratick Bose

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… For the petitioners

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This revisional application challenges the order passed by the learned Judge, Special Court, 2^nd Court of Additional Sessions Judge, Malda modifying thereby the appellate order dated 3.1.2011 imposing thereby further condition that out of the two sureties, one must be local having sufficient landed properties.

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None is appearing on behalf of the petitioners. I do not find any reason to adjourn the matter which is pending for nearly twelve years.

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Briefly stated, the petitioners have been rounded up by police on the allegation that they were dealing with Narcotic Drugs and Psychotropic Substances. 9.10 kgs of ganja were recovered from their possession. They were admitted on statutory bail by the learned Special Court, Malda on 3.1.2011 on furnishing bond of Rs. 5000/- with two sureties of 2,500/- each to the satisfaction of learned Chief Judicial Magistrate, Malda. Subsequent thereto, on 15^th of March, 2011 learned Public

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Prosecutor representing the State in the proceeding approached the learned Judge, Special Court, Malda to modify the said order on the ground that the accused persons are not resident of West Bengal and, accordingly, on 30^th March, 2011 learned 2^nd Court, Malda as Special Judge, Narcotic Drugs and Psychotropic Substances case, modified the condition of bail by holding inter alia, that “accused persons cannot be released on bail unless any local surety came forward to take up the risk of their attendance before the Court.” A surety can be any person who is a citizen of this country having fixed place of abode. This finding of learned Special Court, 2^nd Court, Malda is unwarranted and utterly illegal. The impugned order dated 30^th March, 2011 can not be allowed to remain in force and should be set aside, which I accordingly do.

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The revisional application is thus disposed of.

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Copy of this order be sent down to the learned trial court for information.

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(Siddhartha Roychowdhury, J.)

Rajesh Jaiswal @ Dabbu & Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Rajesh Jaiswal @ Dabbu & Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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