Calcutta High Court (Appellete Side)
Loknath Chowdhury Alias Sona vs Unknown on 8 November, 2023
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
08.11.2023 Court No.8 Item. 02 (Suvendu/Sandip) CRM(NDPS) 1769 OF 2023 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973.
And In the matter of: Loknath Chowdhury alias Sona . .. . . . . .Petitioner.
Mr. Angshuman Chakraborty Mr. Shashanka Sekhar Saha for the Petitioner.
Mr. Swapan Banerjee Mr. Arijit Ganguly Ms. Jonaki Saha for the State.
In this application for bail the petitioner alleges that the seizure took place in the absence of an independent witness.
Relying upon two decisions of this Court, one passed in CRM(NDPS) 1770 of 2023 (in the matter of Faiyaz Alam @ Fayaz Alam Vs. The State of West Bengal) and another in CRM(NDPS) 1768 of 2023 (in the matter of Sanjay Mondal Vs. The State of West Bengal), the petitioner submits that the seizure is in violation of Section 41(b) of the Code of Criminal Procedure, 1973 (in short, Cr.P.C.) and as such, the entire action is vitiated.
There are conflicting views in this issue. Hence, the matter requires to be heard. Let this matter be placed before the Regular Bench subject to its convenience.
(ARINDAM MUKHERJEE, J.) 2 (BISWAROOP CHOWDHURY, J.)