The Court rejected an anticipatory bail application under Section 438 CrPC for offenses under the IPC relating to food adulteration. It expressed surprise at the absence of an FSL report in the case diary and upheld a direction that all such cases must include an FSL report.
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18.07.2024 Sl No. 09 Court No. 29 TN (Rejected)
CRM (A) 1945 of 2024
In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Chakdah Police Station Case No. 262 of 2024 dated 07.03.2024 under Sections 272/273/420 of the Indian Penal Code, 1860. And In the matter of : Ashim Kumar Saha @ Ashim Saha. - petitioner Mr. Shibaji Kumar Das ….for the petitioner Ms. Amita Gaur, Mr. Soumya Basu Roy Choudhuri … for the State 1. The case diary was produced with inadequate materials. We are surprised that the FSL report was not obtained before the case diary has been placed and instruction has been given to the learned counsel for the State to oppose the prayer.
2
(Soumen Sen, J.)
(Uday Kumar, J.)
2 issues framed by the court
Whether anticipatory bail should be granted where the case Diary is inadequately investigated without an FSL report.
What procedural direction should be issued regarding the inclusion of FSL reports in food adulteration cases.
2 provisions across 2 enactments
Ashim Kumar Saha @ Ashim Saha
State
Soumen Sen
Uday Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
