Santosh Kumar @ Santosh Kumar Jaiswal v. The State Of West Bengal And ANR

09.07.2025 Ct. No. 2 b.das Rejected

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction C.R.M. (A) 508 of 2025 In Re : An application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with CR Case No.1352 of 2024 arising out of Sub-Inspector's Seizure list No.16/24-25, dated 05.11.2024 under Sections 46A(c)/52/55/61 of the Bengal Excise Act.

And In Re :Santosh Kumar @ Santosh Kumar Jaiswal...petitioner. Mr. Arnab Saha Mr. Shoaib Akhtar ... for the Petitioner. Mr. A. S. Chakraborty Mr. Aniruddha Biswas ... for the State.

Heard learned counsels for the parties.

Learned counsel for the petitioner submits that charges against him are false and frivolous. He was unable to respond to the two notices issued against him under Section 179 of the BNSS on account of two reasons:- first, his father's illness and second, his daughter's marriage. It appears that the 1st notice was issued on 24th January, 2025 and the 2nd notice on 6th February, 2025.

The petitioner's father was admitted in the hospital on 22nd December, 2024 and discharged on the same date. His daughter was married on 24th February, 2025. Therefore the

reasons assigned by the petitioner cannot be said to be a ground for not responding to the notices issued upon him. Since the petitioner is not co operating in the investigation of the case, he does not deserve a favourable order at this stage.

Accordingly, prayer for anticipatory bail is rejected. The application for anticipatory bail is disposed of. Case diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)