Calcutta High Court (Appellete Side)
Vikram Kedia vs Unknown on 1 November, 2018
Author: I.P. Mukerji
Bench: I.P. Mukerji
1 1.
11.2018 274 KC&NB C.R.M. 9852 of 2018 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 26th October, 2018 in connection with Sitai Police Station Case No. 38 dated 20th April, 2016 under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
In the matter of : Vikram Kedia .......petitioner.
Mr. Sabyasachi Banerjee, Mr. Anjan Datta ...for the petitioner.
Mr. Sujay Bardhan,
Mr. Pratick Bose ...for the State.
The petitioner says that he was the owner of the car in question. He sold it through a dealer, Maruti True Value on 28th November, 2012. Although all the documents of the car were handed over to the agent, the petitioner was not informed that his name had been struck off as the registered owner of the car.
We do not know, what has happened to the car, but a submission is made from the Bar that the name of the petitioner remains as the registered owner of the car. Now, this car was apprehended with narcotics on 20th April, 2016. The petitioner, as the owner of the car, has been implicated in the alleged offence.
Learned counsel for the prosecution is unable to produce the case diary today. He says there is evidence in his possession to show that the petitioner was involved in the offence or at a culpable mental state.
Even prima facie, the prosecution is unable to establish this case in the absence of the case diary. On the other hand, Mr. Banerjee, for the petitioner has been able to show some type of a prima facie case. He submits that warrant of arrest has been issued against his client.
2In that view of the matter, the final decision will be taken by this Court when the case diary is available. But, on the basis of the prima facie case of the petitioner, in the meantime, till 20th November, 2018 or until further order, the police shall not arrest the petitioner.
List this application on 13th November, 2018 before the regular Bench.
Photostat plain copy of this order, countersigned by the Assistant Registrar (Court), be supplied to the learned counsel for the parties, upon compliance of all necessary formalities.
(I.P. MUKERJI, J.) (SHEKHAR B. SARAF, J.)