LAWS(CAL)-2023-4-117

SUNITA SHUKLA Vs. STATE OF WEST BENGAL

Decided On April 25, 2023
Sunita Shukla Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The prime concern and endeavour of law should be to secure justice on the basis of truth, which ought to be unearthed through a committed and competent investigating agency.

(2.) The writ petition is a plea of a mother who alleges that her son Vishal was a victim of police atrocities and was subjected to abuse of power by the police when he was illegally detained in Titagarh Police Station on March 9, 2022. The family lives together in a joint mess.

(3.) Vishal, is an accused against whom Titagarh Police Station Case No.181 of 2022 dated March 10, 2022 under Sec. 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act), was registered. It was alleged that due to political reasons the officers of Titagarh Police Station being hand in gloves with the ruling dispensation in the State of West Bengal, had forcefully taken Vishal into custody, on March 9, 2022. Thereafter, Vishal was falsely implicated in a criminal case on the charge of commission of an offence punishable under the NDPS Act. The FIR was registered on March 10, 2022 at 6.15 hours. Aggrieved by the mala fide exercise of power by the police authority the petitioner approached this Court under Article 226 of the Constitution of India, seeking enforcement of the right to personal liberty and dignity guaranteed under Article 21 of the Constitution. The petitioner, as one of the family members of the victim, was aggrieved by the abuse of powers by the police authority which subjected not only her son but also the family members to indignity, mortification and social embarrassment on account of the alleged wrongful confinement of Vishal by implicating Vishal in a false criminal case.