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2020 Supreme(Cal) 422

SHIVAKANT PRASAD
Asok De – Appellant
Versus
State Of West Bengal – Respondent


Advocates Appeared:
Sekhar Kumar Basu, Advocate, Sandipan Ganguly, Advocate, Anirban Tarafdar, Advocate, Sreyashee Biswas, Advocate, Uday Sankar Chattopadhyay, Advocate, Santanu Maji, Advocate, Snigdha Saha, Advocate

JUDGMENT

Shivakant Prasad, J. - This is an application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973 and order dated 26.08.2019 passed by the learned Judge, Special Court (Essential Commodities Act)-cum-learned Additional District and Sessions Judge, Alipore, South 24 Parganas in Criminal Misc. Case No. 5158 of 2019 thereby granting anticipatory bail to the opposite party no. 2 in connection with Electricity Case No. 375 of 2019 corresponding to Ekbalpore Police Station Case No. 221 of 2019 dated 13.06.2019 under Sections 135/138 of the Electricity Act, 2003 and thereby granting bail to the opposite party no. 2 under Section 439 of the Code of Criminal Procedure, 1973.

    2. The brief facts of the case is that on the basis of a credible source information, the petitioner herein along with other officers of CESC Limited visited 18/2/H/12, Mominpur Road, Kolkata-700023 and detected unauthorized abstraction of electricity by means of hooking from CESC Limited's LT Service cut out thereby causing huge loss of revenue to CESC Limited as well as endangering human lives and properties. From local enquiry it was further revealed that the opposite party n

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