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SHAMPA DUTT (PAUL), RAJARSHI BHARADWAJ
In the matter of: Jafar Ali – Appellant
Versus
. – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Jaydeep Kanta Bhowmik, Advocate
For the State:Mr. Niloy Chakraborty and Mr. Sourav Ganguly, Advocates

ORDER

The present application for bail is moved on the ground of non compliance of Section 41B of the Cr.P.C.

2. The following orders of Co-ordinate Bench of this Court granting Bail on such ground of non compliance of Section 41B Cr.P.C. by the arresting officer have been relied upon:—

(i) Order dated 13.01.2023 in CRM (NDPS) 447 of 2022.

(ii) Order dated 31.01.2023 in CRM (NDPS) 452 of 2022.

(iii) Order dated 31.01.2023 in CRM (NDPS) 448 of 2022.

3. It is submitted by the learned prosecutor that in a case of such nature (NDPS), the persons apprehended are very reluctant to disclose, the name and address of the family members, near relatives or friends as they do not want them to get involved in such cases and more so that such offences are not within the knowledge of their family members, near relatives and friends, and this makes it very difficult to fill the columns as required under Section 41B Cr.P.C.

4. It is seen that taking advantage of such laches on the part of the arresting officer/investigating officer, the accuseds in such heinous crimes towards society (NDPS) are being released on Bail.

5. Cases of such nature (herein NDPS) not only destroy a person life,

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