Tarun Biswas v. State Of West Bengal

November 03, 2020 srm/ARDR (Serial No. 11) Rejected CRM 7952 of 2020 + IA No. CRAN 1 of 2020 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Murutia Police Station case no. 253 of 2019 dated 21/12/2019 under Sections 21(c) of the NDPS Act.

In Re : Tarun Biswas.

... petitioner.

Mr. Asit Kumar Biswas, .....for the petitioner.

Mr. Madhusudan Sur, Mr. Dipankar Pramanick, ....for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. Though the State says that commercial quantity of contraband was recovered from the person of the petitioner, the petitioner says that he has been framed because of some enmity with an unnamed police official. The reason for the enmity is not disclosed.

Since the records reveal that commercial quantity of contraband was recovered from the petitioner, the petitioner is not entitled to bail.

However, the Superintendent of Police, Nadia will look into the allegations made by the petitioner that the petitioner was taken from one Police Station to another within a radius of

80 to 100 kilometers before the petitioner was shown arrested at the last of them. The Superintendent of Police should conduct an enquiry and file a report before the trial Court within six weeks from date. In the event the report is favourable, the petitioner may renew the prayer. CRM 7952 of 2020 and the interim application therein stand disposed of.

(Arijit Banerjee, J.) (Sanjib Banerjee, J.)