STATE OF WEST BENGAL Vs. SHYAMAL MAITY

JUDGEMENT

(1.) Order no.4 dated November 25, 2022 passed by the learned Sessions Judge, In-Charge, Alipore granting anticipatory bail to the opposite party is under challenge in the present application.

(2.) Learned Advocate appearing for the State submits that, the impugned order suffers from perversity. He refers to the impugned order. He submits that, the principal ground for grant of the anticipatory bail is that, there was an alleged violation of the provisions of the search and seizure guided under the West Bengal Public Distribution (Maintenance and Control) Order, 2013. According to the learned Judge, the similar situation, the Bombay High Court in 2002 Cri. L.J. 1040 (Laxmikant Sarda vs. State of Maharashtra and Anr.) granted anticipatory bail to an accused.

(3.) Learned Advocate appearing for the State submits that, the opposite party claimed himself to be the owner of the rice seized. The opposite party applied before the jurisdictional Magistrate for the release of the seized rice on the strength of invoice. Learned jurisdictional Court wanted a report from the police which was submitted stating that the invoice was antedated.