Extracted from the PDF above. The PDF is authoritative.
15.07.2025 Court No.28 Item No.14 tbsr Rejected CRM (A) 1282 of 2025
In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chandipur P.S. Case No.66 of 2025 dated 18.02.2025 under Sections 303(2)/317(2)/317(4)/317(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 3/7(1)(a)(ii) of the Essential Commodities Act. And
In the matter of: Uma Shankar Pradhan
….Petitioner. Mr. P. Bhattacharya
….for the petitioner.
Mr. Debasish Roy, ld PP Mr. Sandip Chakeaborty Ms. Debadrita Mondal
…for the State.
Learned counsel appearing on behalf of the petitioner submits that the Investigating Officer is not authorized to carry on search and seizure for the alleged offences. Moreover, there is no proof that the petitioner had illegally stocked the kerosene in question.
Learned Public Prosecutor representing the State opposes the prayer for anticipatory bail and submits as follow. Huge quantity of kerosene meant for PDS was illegally stocked by the petitioner. As would be evident from the West Bengal Police Enforcement Branch Manual, the Officer conducting the investigation was authorized to deal with offences under the Essential Commodities Act.
Considering the serious nature of allegations and the materials available in the case diary, I am not inclined to grant anticipatory bail to the petitioners.
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Accordingly, the application for anticipatory bail is rejected.
Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.)