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1997 Supreme(Cal) 19

Dibyendu Bhusan Dutta
Rashid Khan alias Md. Rashid – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Milan Mukherjee, Subir Ganguly for the petitioner;
Sudipta Moita, Swapan Mallick for the opposite party.

Judgment

Dibyendu Bhusan Dutta, J.

1. Bowbazar P.S. Case No. 401 dated 13.12.92 under Ss. 3 and 4 of the West Bengal Gambling and Prize Competition Act, 1957 was registered against as many as 34 persons including the petitioner. The petitioner obtained an anticipatory bail from the Court of Chief Judge, City Civil and Sessions Court, Calcutta, on 12.1.93. in connexion with that case. Subsequently on 17.3.93, the petitioner was arrested in connexion with another case of Bowbazar P.S. being No. 84 under Ss. 120B/436/326/307/302 of Indian Penal Code, Ss. 3 and 4 of Explosive Substance Act and TADA Act 1993 and since then the petitioner has been in custody. After completion of the investigation of the earlier case, that is to say, the Case No. 401 challan was submitted on 22.7.93 against the petitioner under s. 3 of the West Bengal Gambling and Prize Competition Act. In the said challan the investigating agency prayed for issuance of production warrant against the petitioner for coming his production in connexion with the said case, stating categorically the fact that he was arrested on 17.3.93 in connexion with the latter case (Case No. 84 dated 17.3.93) and was lodged in Central Jail












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