Abdul Haque @ Pocha And Another vs The State Of West Bengal
2023 Latest Caselaw 3571 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri



                              CRR 1334 of 2023


                         Abdul Haque @ Pocha and Another
                                 Vs.
                           The State of West Bengal


Mr. Ayan Bhattacharya
Mr. Surendra Kumar Sharma
Mr. D. Das
           ..for the petitioner

Ms. Anita Gaur
           ..for the State


Item No. 30

Heard & Judgment on:          18.05.2023


Bibek Chaudhuri, J.

The petitioners /accused persons challenged their place of

apprehension and filed an application before the learned Special Judge

under the NDPS Act at Asansol to direct the Investigating Officer to

preserve and produce the relevant CCTV footage of Guabari Toll Plaza,

P.S. Pandabeswar between 9 A.M. to 12.30 P.M. on 6 th December,

2022.

The said application was rejected on the ground that the learned

trial Judge had no jurisdiction to consider such application.

This Court is of the view that the instant revision can be

disposed of with the assistance of the learned P.P.-in-charge.

Therefore, Ms. Anita Gaur, learned advocate for the State of West

Bengal is requested to assist this Court. Appointment of Ms. Gaur be

regularized by the learned Public Prosecutor, High Court, Calcutta.

It is submitted by the learned advocate for the petitioner that

the case is at the stage of investigation. During investigation if the

defence wants seizure of certain documents or materials it is the

jurisdictional Court only where the accused can approach.

In the instant case, here accused/petitioner approached the trial

Court to seize and preserve CCTV footage of Guabari Toll Plaza, P.S.

Pandabeswar between 9 A.M. to 12.30 P.M. dated 6th December,

2022.

I do not find any reason as to why such petition was rejected.

In view of such circumstances, the impugned order is set aside.

The learned trial Judge is directed to direct the Investigating

Officer to seize the relevant CCTV footage of Guabari Toll Plaza, P.S.

Pandabeswar between 9 A.M. to 12.30 P.M. dated 6 th December,

2022 forthwith.

The instant revision is, thus, disposed of on contest.

(Bibek Chaudhuri, J.)