MANU/WB/0044/2018

True Court CopyTM

IN THE HIGH COURT OF CALCUTTA

CRR No. 1065 of 2017

Decided On: 24.01.2018

Appellants: Ashadullah Biswas Vs. Respondent: State of West Bengal

Hon'ble Judges/Coram:
Debi Prosad Dey

JUDGMENT

Debi Prosad Dey, J.

1. Challenge in this application under Section 482 of the Code of Criminal Procedure is the order dated 22nd March, 2017 passed by learned Chief Judicial Magistrate, Malda in connection with Kaliachak police station case No. 636 of 2016 dated 22nd September, 2016 under Section 489B/489C of the Indian Penal Code corresponding to GR case No. 4062 of 2016 with added Section 15(1)(4)(iii)/16 of UAPA Act whereby and where under learned Chief Judicial Magistrate has rejected the prayer for statutory bail of the petitioner. The petitioner was arrested in connection with Kaliachak police station case No. 5 of 2016 dated 03.01.2016 under Sections 147/148/149/323/325/326/332/333/353/186/379/427/435/436/506 of the Indian Penal Code read with Sections 3 and 4 of the PDPP Act and added Sections 411/307/120B of the Indian Penal Code read with Sections 25/27/35 of the Arms Act on 17th September, 2016 without any rhyme or reason and in fact the petitioner was falsely implicated in connection with aforesaid case. However, the petitioner was further implicated in connection with another case under Section 489B and 489C of the Indian Penal Code on 22nd September, 2016 when the petitioner was in police custody on the allegation that Rs. 1,45,000/- was recovered from the house of the petitioner. Admittedly, in the dead hours of night the police personnel had been to the house of the petitioner, broke open the padlock of the main gate, entered into the house and thereafter lodged an F.I.R. stating inter alia that Rs. 1,45,000/- fake Indian Currency Notes were recovered from the house of the petitioner. On 2nd October, 2016 learned Chief Judicial Magistrate, Malda observed that the investigation of the case being Kaliachak police station case No. 636 of 2016 dated 22nd September, 2016 under Section........