ANANYA BANDYOPADHYAY, JOYMALYA BAGCHI
In Re : An Application For Bail Under Section 439 Of The Code Of Criminal Procedure In Connection With Ndps Case No. 198 Of 2021 Arising Out Of Lalgola P. S. Case No. 698 Of 2021 Dated 17. 09. 2021 Under Sections 21©/29 Of The N. d. p. s. Act. – Appellant
Versus
. – Respondent
ORDER
1. Disturbing features were noticed in a number of cases including the present one involving recovery of narcotic substance under N.D.P.S. Act. Firstly, the seizure list did not contain signatures of all the accused persons who were alleged to have been arrested from the spot where the recovery was made. Secondly, presence of independent witnesses at the time of seizure appeared to be doubtful, as the said witnesses in their statements before the Magistrate under Section 164 of the Code of Criminal Procedure did not support the seizure.
2. Noticing such discrepancies in the present and other cases, this Court was constrained to issue directions upon the Superintendent of Police of Murshidabad Police District to take steps in the matter including initiation of disciplinary proceedings/suspension of police officers connected with the investigation of the case.
3. Superintendent of Police is present before us. He has submitted report wherefrom it appears an administrative order has been issued directing all seizing officers to record signatures of accused persons who are apprehended at the time of recovery of narcotic substance in the seizure list. It also appears from the said rep
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