Calcutta High Court (Appellete Side)
Shamsher Alam @ Samser Alam @ Shamser … vs Unknown on 11 July, 2025
Author: Jay Sengupta
Bench: Jay Sengupta
11.07.2025
SL.35
Ct.No.28
NB
CRM (A) 2182 of 2025
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973 corresponding to Section 482 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with
Panskura P.S. Case No.924/2024 dated 27.11.2024 under Section
7(i)(a)(ii) of the Essential Commodities Act and Sections
303(2)/317(2)/317(4)/317(5)/3(5) of the Bharatiya Nyaya Sanhita
(BNS) pending before the learned Chief Judicial Magistrate,
Tamluk, Purba Medinipur.
And
In the matter of : Shamsher Alam @ Samser Alam @ Shamser Alam
…petitioner
Mr. Arnab Chatterjee,
Mr. Abhinaba Mukherjee.
…for the petitioner.
Mr. Faria Hossain,
Ms. Eshita Dutta.
…for the State.
Learned counsel appearing on behalf of the petitioner
submits as follows. The articles recovered from the petitioner’s
premises do not fall under the Essential Commodities Act. There is no
allegation of theft made by anyone. Yet, the instant case was started.
Learned counsel appearing on behalf of the State opposes
the prayer for anticipatory bail. However, she admits that none of the
articles involved fall within the ambit of the Essential Commodities Act.
Considering the materials available in the case diary and the
alleged role ascribed to the petitioner, I do not think that custodial
interrogation of the petitioner is required in this case and I am inclined
to grant anticipatory bail to the petitioner.
2
Accordingly, in the event of arrest, the petitioner shall be
released on bail upon furnishing a bond of Rs.10,000/- with two
sureties of like amount each, one of whom must be local, to the
satisfaction of Arresting Officer and subject to the conditions as laid
down under Section 438 of the Code of Criminal Procedure,
corresponding to Section 482 of the Bharatiya Nagarik Suraksha
Sanhita and on further condition that the petitioner shall cooperate
with the investigation and shall meet the Investigating Officer as and
when required and shall not threaten or intimidate witnesses or
tamper with evidence in any manner whatsoever.
The application for anticipatory bail being CRM (A) 2182 of
2025 is, thus, allowed.
Urgent photostat certified copies of this order may be
delivered to the learned Advocates for the parties, if applied for,
upon compliance of all formalities.
(Jay Sengupta, J.)