Sujay Sarkar & ANR v. Union Of India

28.09.2020 Sc CRM 5434 of 2020 with CRAN 3765 of 2020 (Via Video Conference) In re : An application under Section 438 of the Code of Criminal Procedure filed on 03.8.2020 in connection with NCB Crime No. 14/NCB/KOL/2020 under Section 8(c) read with Section 20(b)(ii)(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

In the matter of : Sujay Sarkar & Anr.

..... petitioners Mr. Pradipta Ganguly Ms. Aindrilla De.

.....for the Petitioners.

Mr. Y. J. Dastoor, Ld. Addl. Sol. Gen.

Mr. Phiroj Edulji Mr. Sagar Saha.

....for the NCB.

All allegations of physical torture levelled by the petitioners against the respondent are denied by the learned counsel for the respondents.

We are not going into the truth of the allegations. We only observe and direct the respondent that further interrogation and investigation will be done strictly in accordance with law without the use of physical force of any kind. Investigation has to be positively completed by 15th October, 2020 after which the respondent may take such steps as it may be advised in accordance with law.

This application for anticipatory bail is disposed of accordingly.

Progress or conclusion of investigation, will not prevent the petitioners to apply afresh for anticipatory bail. (I. P. Mukerji, J.) (Md. Nizamuddin, J.)