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2024 Supreme(Cal) 175

JAY SENGUPTA
Md. Ataur Rahman – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Samim Ahmed Ms. Saloni Bhattacharya Mr. Arka Ranjan Bhattacharya Ms. Gulsanwara Pervin Mr. Aniruddha Singh
For the Respondent: Ms. Sonal Sinha Mr. Avishek Prasad, Mr. Rabindranath Das Ms. P. Choudhury

JUDGMENT :

Jay Sengupta, J:

1. This is an application for quashing of Swarupnagar PS Case No. 145 dated 07.03.2024 and for inquiry into illegal detention.

2. Affidavit of service filed on behalf of the petitioners is taken on record.

3. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 was a Bangladeshi National who had prayed for refugee status in the UK while studying there. He was granted a refugee status with a valid travel document. He travelled from UK to India. He was apprehended from a market near the border between India and Bangladesh admittedly on 06.03.2024 at about 18.00 hrs. However, the BSF people illegally kept him detained and shown the arrest memo to be of 07.03.2024 at 21.02 hrs. He was produced before the learned Magistrate only on 08.03.2024. While in custody of the BSF, illegal demands were made. As the petitioner is a Bangladeshi citizen, even if he had gone to Bangladesh from India, no travel document would be required. Therefore, there is no question of Section 3 of the Indian Passport Act applying. Reliance is placed on a decision of the Hon’ble Apex Court in Akmal Ahmad –vs-State of Delhi reported in (1999) 3 SCC 3

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