JOGA RAM 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 to page no. 21 and page no. 24 of the instant bail application being photocopy of the seizure list dtd. 3/2/2022 showing recovery of commercial quantity of contraband articles from the possession of the present accused-petitioner and a photocopy of the memo of arrest dtd. 3/2/2022 in the name of the present accused petitioner. Attention of this Court is also drawn to Sec. 36C and Sec. 37 of the NDPS Act, 1985.

(3.) It is contended on behalf of the petitioner that on perusal of the aforesaid two Sec. it would appear that the provisions of Cr. P.C. including the provisions of bail and bonds shall apply to the proceedings under the NDPS Act, 1985 and the offences under the aforesaid Act are cognizable in nature. Drawing attention to a photocopy of the seizure list and a photocopy of the memo of arrest as has been annexed with the instant bail application it is contended that in the instant case there occurred a violation of the mandate of Sec. 41B of Cr. P.C. in view of the fact that column no. 10 of the memo of arrest has been kept blank especially when there is clear mandate of the legislature while enacting Sec. 41B of Cr. P.C. that every officer while making arrest shall prepare a memorandum of arrest which shall be attested by atleast one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made. It is argued further that from the seizure list as well as from the memo of arrest it would appear that the alleged seizure and/or arrest was done on 3/2/2022 during day time at the P.O. which is a moderately populated area but on the part of the prosecution no justification has been given as to why they failed to comply with the provisions of Sec. 41B of Cr. P.C. while arresting the present accused-petitioner in connection with the instant case.