KASHINATH DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging a proceeding being NGR (E)/148/2022 under Sec. 110 of the Code presently pending before the learned Special Executive Magistrate, Chandannagar Division, Chandannagar Police Commissionerate.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in several cases including ones under the N.D.P.S. Act and under Sec. 302 of the Indian Penal Code. He is in custody since 2017. There is no allegation whatsoever that he is operating any criminal activity from inside custody. In spite of this, in 2022 the present proceeding was instituted under Sec. 110 of the Code of Criminal Procedure. The petitioner is facing trial in some of the cases and in a few of the cases under the N.D.P.S Act, he is still in custody and he was produced from the Correctional Home therein for that purpose. By an order dtd. 16/2/2022, the learned Executive Magistrate directed the petitioner to submit show-cause as to why he shall not be bound down for good behaviour bond under Sec. 110 of the Code and should furnish an amount of Rs.1,00,000.00 each with two reputed Gazetted Officers as sureties for his good behaviour for such period, not exceeding three years. The petitioner is an ordinary man. It is not possible to have a Gazetted Officer to stand as a surety for him. It is also difficult for him to find out Gazetted Officer of repute because that is a subjective description. In the interest of justice, the condition as given in the order dtd. 16/2/2022 may be modified. A show-cause has already been filed and accepted by the learned Executive Magistrate.

(3.) Learned counsel appearing on behalf of the State submits as follows. The petitioner is an accused in several cases, some under the N.D.P.S Act and some under the Indian Penal Code. He is a habitual offender. He needs to be bound down to certain stringent conditions. As such, the learned Executive Magistrate was not in error in requiring two Gazetted Officers to stand a surety from him.