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TMI Blog2025 (2) TMI 843X X X X Extracts X X X X X X X X Extracts X X X X ..... . For the Opposite Party: Mr. Bhaskar Prosad Banerjee, Adv. Mr. Nadeem Sulman, Adv. Mr. Tapan Bhanja, Adv. 1. Learned counsel for the petitioner submits that the petitioner is in custody since 1st February, 2025 despite having appeared before the authority on 31st January, 2025 and cooperating in investigation. The arrest of the petitioner is in violation of section 36 of the BNSS as well as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by one Om Prakash Kumar, driver who is a resident of Beliaghata Road, Tangra. Placing reliance on the authorities in Ajmer Singh v/s. State of Haryana reported in (2010) 3 Supreme Court Cases 746, Directorate of Revenue Intelligence, Calcutta Zonal Unit reported in 2014 Supreme Court Cases OnLine Cal 10481 and Kashif Mahfuz Shaikh and another reported in 2023 Supreme Court Cases OnLine Cal 4188, l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in 1997 (1) Supreme Court Cases 416 (paragraph 35). The relevant portion of paragraph 35 of the judgment is set out:- "35. We, therefore, consider it appropriate to issue the following requirements to be followed in all cases of arrest or detention till legal provisions are made in that behalf as preventive measures: (1) .......................... (2) That the police officer carrying out th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at such memo is attested by a driver who is neither a member of the petitioner's family, nor a person of the locality from where the arrest is made. Therefore the arrest is in violation of the instruction issued by the authority as well as the mandate laid down by the Hon'ble Supreme Court in the authority in D.K. Basu (supra). 6. The judgment of Ajmer Singh (supra) deals with offence under the N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wed. 10. The petitioner be released on bail on furnishing bond of Rs. 10,000/- with two sureties of like amount each, one of whom should be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Sealdah, 24 Pgs (South) subject to condition that the petitioner shall meet the investigating officer twice a week till submission of charge sheet. He shall not tamper with evidence o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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