IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ajay Kumar Gupta C.R.R. 4110 of 2022 Aasif Mohammad @ Asif Mohammad @ Asif @ Viki Versus The State of West Bengal For the Petitioner : Mr. Mrityunjoy Chatterjee, Adv.

Mr. Arindam Poali, Adv.

For the State : Mr. Saryati Dutta, Adv.

Ms. Baishakhi Chatterjee, Adv.

Heard on : 06.02.2026 Judgment on : 06.04.2026 Ajay Kumar Gupta, J.:-

1. The instant Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.’) has been preferred by the petitioner seeking quashing of proceeding being Special Case No. 125 of 2021 arising out of Malda Police Station Case No. 556 of 2021 dated 12.11.2021 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) read with Sections 18(b)/27 of Drugs & Cosmetics Act, 1940 (in short ‘DC Act’) pending before the Learned Judge, Special 3rd Court under NDPS Act, Malda.

FACTS OF THE CASE: -

2. The brief facts, leading to the filing of this instant Criminal Revisional application, are as follows: -

a. On 12.11.2021, the police personnel of Malda Police Station lodged a suo moto complaint alleging, inter alia, that one Masroor, son of Late Islam, and Md. Arif, son of Ghurekha, both of Hazipur, Hapur, Uttar Pradesh, were apprehended with one Tata Truck bearing No. UP15CT2770 as per source information after hot chase at Narayanpur Popra More under Malda P.S. and recovered 20,000 bottles of phensedyl, 3 pieces of mobile handsets, and genuine Indian currency of Rs. 6,500/-.

b. It was further alleged that during interrogation, the detained accused persons confessed that the said seized smuggled items belonged to the petitioner herein, Asif @ Viki of Meerut, UP, having the mobile no. 8001419887 and 9120888444. They further submitted that the items were to be delivered to one Shyam of Gangarampur, Dakshin Dinajpur, in lieu of money.

c. Based on such facts, a case being Malda Police Station Case No.

556 of 2021, dated 12.11.2021, under Sections 21(c)/29 of the NDPS Act read with Sections 18(b)/27 of the DC Act, has been registered against four accused persons and an investigation was initiated.

d. Upon getting to know about lodging the aforesaid false case, on the basis of confessional statement of the co-accused made before the police officer, the petitioner immediately filed an Anticipatory bail application being C.R.M. (A) No. 2441 of 2022 dated 08.06.2022 and obtained Anticipatory Bail from the Hon’ble High Court.

e. After completion of the investigation, the investigating agency submitted a charge sheet, being Charge Sheet No. 242 of 2022 dated 07.05.2022 under Sections 21(c)/29 of the NDPS Act read with Sections 18(b)/27 of the DC Act against seven accused persons including the Petitioner although he was completely innocent and no evidence, even prima facie, was found against the petitioner.

f. Being aggrieved by and dissatisfied with the initiation and continuation of the aforesaid criminal proceedings, the petitioner filed this Criminal Revisional application with aforesaid prayer.

Hence, this application.

SUBMISSION ON BEHALF OF THE PETITIONER: -

3. Learned counsel appearing on behalf of the petitioner submitted that nothing has been recovered from the possession of the petitioner and the petitioner has been implicated falsely in the present case. The alleged mobile numbers disclosed by the co-accused do not belong to the petitioner, which has also been observed by this Hon’ble High Court, while granting bail to the petitioner. The report submitted before the Hon’ble High Court does not show that the petitioner was the owner of the SIM card/mobile phones, through which telephonic conversations had been made with the co-accused while transportation. Therefore, the petitioner has been granted Anticipatory bail by this Hon’ble High Court vide CRM (A) No. 2441 of

2022 dated 08.06.2022.

4. Learned counsel further submitted that the pe