Calcutta High Court (Appellete Side)
Essential Commodities Act vs Allowed on 1 March, 2019
1 01.03.2019
CRAN 55 of 2019 in tkm/ct 28 C.R.M. 10950 of 2018 sl no. 176 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 3.12.2018 in connection with Dinhata P.S case no. 302 of 2018 dated 11.8.2018 under section 7(i)(a)(ii) of the Essential Commodities Act And Allowed In Re : Kajal Kumar Dey ...... petitioner Mr. Pradip Kr. Roy Ms. S. Sarkar ...... for the petitioner Mr. M. Sur Mr. R. D. Nandi ...... for the State Re : CRAN 55 of 2019 This application has been filed for recalling of the order dated 18.12.2018 for restoration of the application for anticipatory bail.
Having considered the averments made in the application being CRAN 55 of 2019, order dated 18.12.2018 is recalled. The application for anticipatory bail is restored to its original file and number.
CRAN 55 of 2019 is disposed of.
Re : CRM 10950 of 2018 Heard the learned counsel appearing for the respective parties.
2It is submitted on behalf of the petitioner that he is not the owner of the business and has been falsely implicated in the instant case. It is further submitted that incriminating articles have already been recovered.
Learned lawyer for the State opposes the prayer for anticipatory bail.
Having considered materials in the case diary and bearing in mind the nature of allegations in the light of the aforesaid submissions made on behalf of the petitioner particularly the fact that the incriminating articles are in the custody of the investigating agency, we are of the opinion though custodial interrogation of the petitioner is not necessary, petitioner requires to co-operate with investigation in accordance with law.
Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the investigating officer once in a week until further orders and shall appear before the court below and pray for regular bail within a fortnight from date.
The application being CRM 10950 of 2018 is disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)