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IN THE HIGH COURT AT CALCUTTA, CIRCUIT BENCH AT JALPAIGURI
Arijit Banerjee, Biswaroop Chowdhury
Hero Sarkar – Appellant
Versus
Union of India through the Intelligence Officer Narcotics Control Bureau Kolkata Zonal Unit – Respondent
JUDGMENT :
Arijit Banerjee, J.
1. On August 22, 2023, acting on source information, the Narcotics Control Bureau (NCB) team raided the petitioner’s house and seized huge quantity of contraband items. The petitioner was arrested on August 26, 2023. He prays for bail.
2. Arguments on behalf of the petitioner:-
(A) The head of the raiding team namely Shri Pushkar, himself acted as a Gazetted Officer while conducting the search and seizure.This is in violation of Section 50(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’).It also violates the law laid down by the Hon’ble Supreme Court in State of Rajasthan v. Parmanand& Anr., (2014) 5 SCC 345, paras 15, 19, 20.
The petitioner also relies on the decisions of a Coordinate Bench of this Court in Re. Md. Mohaimen Hossain @ Md. Mohaimenul Haque @ Mom etc. , reported in 2014 SCC OnLine Cal 20405 and in Re. Sahedul Mahaldar reported in 2014 SCC OnLine Cal 22788 (B) The seizure list does not contain the signature of the petitioner. This supports the plea of the petitioner that he was not present at the time of seizure. It appears from the seizure memo that the seizure took place on August 26,2023 at 06:05 hours
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