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2023 Supreme(Cal) 500

SHAMPA SARKAR
Sunita Shukla – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Pratik Dhar, Mr. Koustav Bagchi, Mr. Anirudhya Bhattacharyya, Mr. Debayan Ghosh, Ms. Priti Kar, Ms. Cardina Roy.
For the State : Mr. Amitesh Banerjee, Ms. Ipsita Banerjee, Mr. Suddhadev Adak.
For the C.B.I. : Mr. Billwadal Bhattacharyya, Mr. Kallol Mondal.

JUDGMENT :

(Shampa Sarkar, J.) :

1. The prime concern and endeavour of law should be to secure justice on the basis of truth, which ought to be unearthed through a committed and competent investigating agency.

2. The writ petition is a plea of a mother who alleges that her son Vishal was a victim of police atrocities and was subjected to abuse of power by the police when he was illegally detained in Titagarh Police Station on March 9, 2022. The family lives together in a joint mess.

3. Vishal, is an accused against whom Titagarh Police Station Case No.181 of 2022 dated March 10, 2022 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act), was registered. It was alleged that due to political reasons the officers of Titagarh Police Station being hand in gloves with the ruling dispensation in the State of West Bengal, had forcefully taken Vishal into custody, on March 9, 2022. Thereafter, Vishal was falsely implicated in a criminal case on the charge of commission of an offence punishable under the NDPS Act. The FIR was registered on March 10, 2022 at 6.15 hours. Aggrieved by the mala fide exercise of power by the police authority the petitio

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