Calcutta High Court (Appellete Side)
5.2.2018 Under Sections 407/120B Of The ... vs In Re:- Darshan Lal Soni on 10 October, 2018
1 10.10.201822
jb.
CRM No. 8122 of 2018 Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 18th September, 2018 in connection with Jaigaon Police Station Case No. 24 of 2018 dated 5.2.2018 under Sections 407/120B of the Indian Penal Code.
And In Re:- Darshan Lal Soni ... Petitioner Ms. Suchitra Sinha Chatterjee ..for the Petitioner Mr. Debojyoti Deb .. for the State The petitioner seeks anticipatory bail in connection with Jaigaon Police Station Case No. 24 of 2018 dated 5.2.2018 under Sections 407/120B of the Indian Penal Code.
The petitioner is the transporter whose trucks are accused of delivering sand and earth instead of magnesium ferro silicon apparently stuffed in a factory in Phuentsholing, Bhutan. The discovery was made at the Kolkata port.
The State says that this kind of activity not only tarnishes the image of the country but it affects the business at the Kolkata port and the willingness of Bhutanese business entities to route their 1 2 goods through the Kolkata port. According to the State, the driver and the helper are absconding.
The petitioner says that the goods were loaded at the manufacturing units at Phuentsholing, Bhutan and the petitioner had no control over the same.
Considering the nature of the charges and the extent of this petitioner's involvement, there may not be any need to take the petitioner into immediate custody as long as he cooperates with the investigation.
Accordingly, in the event of arrest, the petitioner will be granted bail upon furnishing security of Rs.10,000/- (Rupees ten thousand only), with two sureties of Rs.5,000/- (Rupees five thousand only) each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer.
A certified copy of this order be immediately made available to the petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. ) 2 3 3