High Court grants bail to accused for non compliance of Section 41B of CrPC

The Division Bench of the Calcutta High Court, comprising Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay in the case of Md. Mirmoizuddin Rahaman & Anr. v. State has granted bail to the two accused under Section 37 of the N.D.P.S. Act as Section 41B of the Code of Criminal Procedure has not complied.

Submission of the Petitioner

The Counsel appearing on the behalf of the Petitioner submitted that there were several crucial discrepancies in the documents of seizure. He pointed that the only signatory, who is witness to the seizure list, was a member of the raiding party. No independent witness’s signature was taken on the said list although the place of alleged occurrence was well populated and the time of arrest was much prior to midnight.

Submission of the Respondent

The Counsel appearing on the behalf of the Respondent submitted that the complaint, on the basis of which the F.I.R. was registered, clearly indicates that the raiding party went along with a portable printer and investigation kits, which itself indicates that the mere fact of the seizure list being a computer printout cannot be held to be suspect.

Reasoning and Decision of the Court

The Court heard both the parties and observed that there is a well-settled legal position that the provisions of Section 41B of the Code of Criminal Procedure have to be complied with and that there cannot be any discrepancy inherent in the seizure list in order to raise a proper presumption under Section 37 of the N.D.P.S. Act.

Therefore the Court granted bail to the accused on condition that the petitioners shall individually furnish bonds of Rs. 10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge.

Case Details

Case:- CRM (NDPS) No. 448 of 2022

Petitioner:-  Md. Mirmoizuddin Rahaman & Anr.

Respondent:- State

Counsel for the Petitioner – Mr. Hillol Saha Podder

Counsel for the Respondent – Mr. Aditi Shankar Chakraborty

Judge: Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay