Mithu Chakraborty v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 25.08.2023 Court No.1 Item No.20 (sg/KS) CRM (NDPS) 277 of 2023 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Pradhannagar Police Station Case No.736 of 2021 dated 16.09.2021 under Sections 21(c)/22 (c) of the NDPS Act. And In the matter of:

Mithu Chakaborty . .. . . . . .Petitioner.

Mr. Swarup Das Mr. Subhasish Misra .....for the Petitioner Mr. Tapan Bhattacharjee Mr. Arjun Chaudhury .....for the State 1.

The petitioner has been in custody for 711 days. The memorandum of arrest reflects a blank space in column 10.

2.

We find this to be in violation of Section 41B(b) of the NDPS Act as also the guidelines issued by the Supreme Court in D.K. Basu Vs. The State of West Bengal (1997) 1 SCC 416. Section 41B requires the arresting officer to follow certain protocols including the signature of a family member of the arrestee or a respectable person from the locality from where the arrest is made. We have also considered the orders passed by Co-ordinate Benches on the same issue, wherein the prayer for bail was allowed on this ground.

3.

The petitioner shall accordingly be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of like amount each, one of who must be local, to the satisfaction of the learned Special Court (NDPS), 2nd Court, Siliguri. The petitioner shall not induce witnesses or influence them or tamper with the evidence. The petitioner shall also make himself available for the trial as and when the petitioner is required and shall also not leave the jurisdiction of the concerned police station without leave of the concerned authorities.

4.

CRM (NDPS) 277 of 2023 is accordingly allowed and disposed of in terms of the above.

(PRASENJIT BISWAS, J.) (MOUSHUMI BHATTACHARYA,J.)