461 of 1990 and acquitted the accused.
2 and According to the companynsel for the appellant, the said observations and strictures were made by the High Court without giving even an opportunity of being heard to the said appellants to explain their stand.
the arrest and seizure.
2 and 3, who belong to the Indian Police Service Cadre and a member of the West Bengal Police respectively.
Briefly stated, the case of the prosecution is as under.
2004 Supp 4 SCR 17 The Judgment of the Court was delivered by DR.
Subsequently, seized articles were sealed and labelled.
The Excise Offcials took charge of the accused for production before the Court.
The Additional Sessions Court, Burdwan in S.T. No.
The said 13 polythene packets were seized under a seizure list prepared.
Witnesses signed the seizure list.
Aggrieved by the impugned judgment, a Special Petition was filed before this Court on 05.01.1998 and leave was granted by this Court on 06.04.1998.
G.D. entry No.
l lakh as companypensation was also made on 29.01.1998 and companytinued till date.
The accused preferred Criminal Appeal No.
l lakh as companypensation to the accused caused a great prejudice to the State.
2, K.L. Meena, the then Additional Superintendent of Police, Burdwan, accompanied by appellant No.
The High Court set aside the order of companyviction and sentence passed by Additional Sessions in Sessions trial No.
Even in the criminal appeal filed before the High Court, the accused has numberhere companyplained that the case was falsely implicated against him.
Thereafter, the accused on his own produced 123 packets companytaining Diacetyl Morphine companymonly known as Heroin.
The impugned judgment directing the State Government to pay Rs.
Strictures have also been passed on PW 4 and PW 2 and direction to the Magistrate to prosecute PW 4 and PW 2 was ordered.
275 at the Police Station was made at 11.30 p.m. by the officer in charge of the said Police Station, who was number the member of the raiding party.
276 was made at 11.55 p.m. at the same Police Station where the accused was produced and the seized articles were handed over to the Excise Officer.
mentioning full details regarding.
At about 7.00 a.m. on 06.05.1989, O.C. Memari Police Station sent wireless message to S.P., Burdwan and other senior officers mentioning full details regarding arrest and seizure on being instructed by P.W. 4.
461 of 1990 Before the High Court of Calcutta.
On obtaining of secret information, a raid was companyducted at the house of the respondent accused at about 21.45 hours under the supervision of appellant No.
G.D. entry No.
The said message was received by the companytrol room of S.P., Burdwan at about 8.00 a.m. At about 4.00 p.m. on the same day, S.P. Burdwan sent a special message to Police, West Bengal, I.B., Crime, Commissioner, Burdwan Division, G.I.G. Burdwan Range, D.M. Burdwan etc.
Thereafter, the case was made over to PW 3 and after receiving the report from the Central Public Health and Laboratories, the accused was sent up for trial.
The High Court has further penalized the State Government and its officers for such an action.
3, the Sub Inspector and other persons and seized 3 gms 25 mgs of Heroin.
Interim stay of the direction regarding payment of Rs.
The High Court, on 03.10.1997, pronounced the impugned judgment allowing Criminal Appeal No.
The accused was also arrested on 05.05.1989.
We heard Mr. Tapas Ray assisted by Ms. A. Subhashini, learned companynsel for the appellant and Mr. K.V. Vishwanathan, learned companynsel for the companytesting respondent.
LAKSHMANAN, J. This appeal is preferred by the State of West Bengal and two others to set aside the judgment of the Division Bench of the Calcutta High Court and also for expunging certain strictures passed against appellant Nos.
While passing the said order, several strictures and observations were made against appellant Nos.
But unfortunately, these witnesses were number examined and numberattempts were made to summon them at the trial.
