Ensure Officers Diligently Fill In All Columns In Memo Of Arrests By Stating Actual Situation: Calcutta High Court To West Bengal Police

The division bench of Justice Shampa Dutt (Paul) and Justice Rajarshi Bharadwaj further directed:

“The concerned SPs and CPs will take up the matter in the monthly crime conference and will supervise these cases seriously and also take all updates in such cases on regular basis. The matter be also brought to the notice of Director General of Police, West Bengal, who shall issue appropriate directions as per our observations in this order.”

The court was hearing a bail application filed by an accused in NDPS case on the ground of non compliance of Section 41B of the CrPC.

The public prosecutor submitted that in NDPS cases, the arrested persons are very reluctant to disclose the name and address of the family members, near relatives or friends as they do not want them to get involved in such cases, which makes it very difficult to fill the columns as required under Section 41B CrPC.

It was further submitted that taking advantage of such laches on the part of the arresting officer/investigating officer, the accused persons in such heinous crimes towards society are being released on Bail.

The court relied upon the judgment of the Supreme Court in Karnail Singh vs State of Haryana (2009) 8 SCC 539 in which it was held:

“The compliance with the requirements of Sections 42 (1) and 42(2) in regard to writing down the information received and sending a copy thereof to the superior officer, should normally precede the entry, search and seizure by the officer. But in special circumstances involving emergent situations, the recording of the information in writing and sending a copy thereof to the official superior may get postponed by a reasonable period, that is after the search, entry and seizure. The question is one of urgency and expediency.”

The bench said that the principles applied by the apex court in Karnail Singh are applicable in respect of all cases under NDPS Act and also to the relevant provisions of other related Acts.

“The circumstances and arrests in cases under NDPS Act are also urgent situations where the raiding team needs to comply with the provisions as required under the law, may be not immediately but at the earliest. The procedure involved there requires quick action or else the whole operation shall fail. The situation faced by the officers of the raiding is believable but leaving the column’s in the memo of Arrest is not a solution as it violates the principle of natural justice and is an abuse of process of law,” it said.

Thus, the court directed all the SPs and CPs in West Bengal to ensure that the officers diligently fill in all the columns in the respective memo of Arrests.

It denied bail to the petitioner-accused on the ground that such technicalities in cases of this nature does not entitle the accused to get benefit under NDPS Act, when charged with offences of commercial quantity of Narcotics.

“It is the duty of the Courts and also all stake holders to take necessary steps to ensure justice. It is our collective duty to correct the technical errors by guiding the respective authorities to carry out their duties in accordance with law,” the court said.

Case Title: Jafar Ali v. State of West Bengal

Citation: 2023 LiveLaw (Cal) 101

Coram: Justice Shampa Dutt (Paul) and Justice Rajarshi Bharadwaj

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