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Calcutta High CourtCRM/3274/2021dismissed

Gourchandra Pramanik v. State Of West Bengal

2021-09-29Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

29-09-2021 (ct. no.32) KOLE CRM 3274 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kanksa Police Station Case No. 45 of 2021 dated 04.02.2021 under Sections 379/411/413/414/467/468/471/120B of the Indian Penal Code and Sections 21/22 of the Mines and Minerals Act.

- A n d - In the matter of : Gourchandra Pramanik .... Petitioner.

Mr. M. Gomes, Mr. M. H. Chowdhury, Mr. S. Karmakar, ... For the Petitioner.

Mr. S. Ghosh, Mr. A. Kr. Datta, ... For the State.

The petitioner says that the truck that was apprehended belongs to him but it was being driven by somebody else. The allegation is that on the basis of a duplicate challan sand was being carried in the truck.

The State draws our attention to an order dated September 22, 2021 passed in CRM 3061 of 2021, whereby the prayer for anticipatory bail of 14 persons, who are similarly circumstanced as the present petitioner, was rejected. As we observed in the said order, stealing sand from riverbeds is a big racket in our State. The complicity of the petitioner in the alleged offence cannot be ruled out. Investigation is in progress.

Considering the nature of the charge and the fact that the alleged offence is likely to have an adverse impact on the economy

as a whole, we are not inclined to entertain the petitioner's prayer for anticipatory bail.

The prayer for anticipatory bail is rejected. CRM No. 3274 of 2021 is, thus, dismissed.

( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )