The Calcutta High Court in the case Md. Mirmoizuddin Rahaman & Anr. v. State observed and has granted bail to two accused persons in a NDPS case on the grounds that Section 41B of Code of Criminal Procedure was not being compiled with, there being no discrepancies in the documents of seizure.
The Division bench comprising of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay in the case observed while allowing the bail application of the accused persons.
In the present case, the court stated that the provisions of Section 41B of the Code of Criminal Procedure have to be complied with and that there cannot be any discrepancy inherent in the seizure list in order to raise a proper presumption as stated under Section 37 of the N.D.P.S. Act, the court is of the opinion that the petitioners are being entitled to bail.
It has been contended by the counsel appearing for the petitioners that there being several crucial discrepancies in the documents of seizure such as: Section 41B of the Code of Criminal Procedure was not being complied with in letter and spirit as no responsible person of the locality was taken as a witness.
Thus, no independent witness’s signature was taken on seizure list and only signatory on the seizure list was a member of the raiding party.
The counsel appearing for the State submitted before the court while opposing the bail application that the raiding party which went along with a portable printer and that the investigation kits and the mere fact of the seizure listed being a computer printout and the same cannot be held to be suspect. It has also been observed by the court that it being a well-settled legal position that the provisions of Section 41B of the Code of Criminal Procedure have to be compiled with.
It has also been directed by the court that the petitioners in the plea shall not leave the territorial jurisdiction of the trial court during the entire trial period.
Accordingly, the court granted bail to petitioners with conditions imposed.
