ASHFAQUE AHAMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present application for bail has been preferred in c onnection with ST-2(5)19 of 2019 arising out of Anandapur Police Station Case no. 283/2017 dated 24.11.2017 under Section 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 presently pending before the learned Judge, Special Court under NDPS Act and Additional Sessions Judge, 12th Court, Alipore, 24 Parganas (South). The aforesaid case was registered on the basis of a complaint addressed by one Ujjwal Ghosh, S.I. of Narcotic Cell D.D. to the Officer-in-charge of Anandapur Police Station which is extracted below:

(2.) On being asked the detainees disclosed his name as 1. Ashfaque Ahmed (27), S/O. Md Seraj Ahmed of 4/4, East Yard, CPT Qrts, Khidderpore, P.S.- SPPS, Kol-23 2. Taherul Islam (28), S/O- Lt. Abdul Samad, Vill-Nowda, P.O- Baharyl, P.S- Hemtabad, Dist-Uttar Dinajpur 3. Baidyanath Burman (38) S/O- Gopal Burman of Vill- Piplan, P.O- Birgai, P.S- Raigunj, Dist- Uttar Dinajpur. 4. Joystna Barman (45), W/O- Baidyanath Barman Vill-Piplan, P.O.-Birgai, P.S- Raiganj, Dist-Uttar Dinajpur.

(3.) Then, the undersigned gave the written option to the detained persons informing about their legal rights to be searched in presence of a Ld. Magistrate or a Gazetted Officer. The undersigned explained the meaning and terms of Gazetted officer and Magistrate to the detainee. They agreed to be searched on the spot in presence of a Gazetted officer. They refused to go anywhere else. I searched for a gazette officer in the locality, but failed to find out any one.