JUDGMENT :

Mehta, J.

1. Leave granted.

2. Heard learned counsel for the parties and perused the material available on record.

3. The State of West Bengal has approached this Court by way of this appeal for assailing the legality and validity of the judgment dated 11th May, 2023 passed by the High Court of Calcutta in C.R.R. No. 3180 of 2022.

Brief Facts:-

4. Based on written complaint dated 1st January, 2022 filed by the SI Raju Debnath, STF Police Station, Kolkata on 28th December, 2021 informing about recovery of an unclaimed black coloured bagpack lying abandoned at Sahid Minar containing some written posters of CPI(Maoist) and some incriminating articles about the activities of CPI(Maoist), FIR No. 01 of 2022 came to be registered at STF Police Station, Kolkata for the offences punishable under Sections 121A, 122, 123, 124A, 120B of the Indian Penal Code, 1860(hereinafter being referred to as ‘IPC’).

5. The respondent herein was apprehended on 29th March, 2022 and was produced before the learned Chief Metropolitan Magistrate, Calcutta on 30th March, 2022. The Investigating Officer conducted preliminary investigation and thereafter filed an application in the Court of learned Chief Met