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Calcutta High CourtCRM/1717/2021rejected

Sadek Sk v. State Of West Bengal

2021-08-04Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

04.08.2021 Item no. 18 Court No.32.

S.De (rejected) (Via Video Conference) CRM No. 1717 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 10.02.2021 in connection with Domkal Police Station Case No. 459 of 2013 dated 29.05.2013 under Sections 272/273/328/420 of the Indian Penal Code read with Sections 7/16 of the Prevention of Food Adulteration Act 1954.

And In the matter of : Sadek Sk.

......Petitioner.

Ms. Pramita Banerjee, Advocate, ......for the Petitioner.

Mr. Madhu Sudan Sur, Ld. A.P.P., Mr. Monoranjan Mahata, Advocate, ......for the State.

The petitioner is one of the several accused persons. The allegation is of adulteration of milk.

The petitioner says that the unit where the alleged adulteration has been undertaken does not belong to him. He was not present at that place when raid took place. Charge sheet has been submitted long time back. The petitioner is ready, willing and prepared to co-operate with the Investigating Officer in respect of any further investigation.

Learned advocate for the State says that the petitioner is a proclaimed offender. He has been absconding since 2014. Having considered the facts and circumstances of the case, we are not inclined to allow this application. However, if the petitioner surrenders before the learned Court below within a week from date, he shall not be arrested for a period of one month from date. The petitioner shall be entitled to apply for regular bail before the appropriate Court upon notice to the State, within such period. If such application is made, the same shall be considered, in accordance with law, without being influenced by any observation in this order. CRM 1717 of 2021 is, accordingly, disposed of. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)