CHANDRA BAHADUR TAMANG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant case as arises out of an application under Sec. 439 of the Criminal Procedure Code, 1973, is taken up for passing judgment. 2. In course of hearing, learned advocate for the accused-petitioner at the very outset draws our attention our attention to the memo of arrest in the name of the present accused-petitioner. It is contended by him that from the memo of arrest it would appear that column no. 10 is blank and therefore a clear violation occurred with regard to the mandatory provision of Sec. 41B of the Code of Criminal Procedure which makes the alleged arrest of the present accused-petitioner in connection with the instant case very doubtful. Learned advocate for the accused-petitioner thus submits that the present accused-petitioner may be enlarged on bail on any condition whatsoever. In support of her contention learned advocate for the accused-petitioner placed reliance upon the following decisions: -

(2.) Learned advocate for the State opposes the prayer for bail. Drawing attention to the seizure list it is contended by him that considering the fact that huge quantity of contraband articles was seized from the possession of the accused-petitioner the present application for bail may be rejected.

(3.) We have minutely perused the entire material as placed before us. We have gone through the reported/unreported decisions as cited from the Bar. We have given our anxious consideration to the submissions of the Learned Advocates for the contending parties.