Calcutta High Court Annual Criminal Law Digest 2023

ORDERS/JUDGEMENTS1. UAPA Accused In Custody Since 3 Yrs, Only One Of 54 Witnesses Examined: Calcutta High Court Grants BailCase Title: In the matter of : Sk. Rejaul @ Kiran @ RutuCitation: 2023 LiveLaw (Cal) 6The Calcutta High Court granted bail to an accused in a case registered under the Unlawful Activities (Prevention) Act after observing that there has been an inordinate delay in conclusion of the trial, thereby infringing upon the accused's fundamental rights.A division bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta took into consideration that the accused had spent three years in custody and that there is no certainty as to when the trial would conclude.2. NDPS Act | Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period, Cannot Be Released Automatically: Calcutta HC Full BenchCase Title: Subhas Yadav v. The State of West Bengal and Other related petitionsCitation: 2023 LiveLaw (Cal) 15The Calcutta High Court at circuit bench Jalpaiguri held that an accused who is under detention under provisions of NDPS Act (the Act), cannot be released automatically on statutory bail on the expiry of 180 days which is prescribed under section 36A(4) of the Act until and unless he makes an application either in written or oral form.A Full bench comprising Justices Joymalya Bagchi, Suvra Ghosh and Krishna Rao observed that if an accused fails to apply for statutory bail either in written or even oral form, his right does not crystallize and the Court is empowered to remand him to custody under section 167(2) Cr.P.C. read with section 36A(4) of NDPS Act.3. Calcutta High Court Sets Aside Conviction Over Non-Recording Of Statement U/S 313 CrPC, Remands Case Back To Trial CourtCase Title: Nanda Samanta @ Nanda Lal Samanta & Anr v. State of West BengalCitation: 2023 LiveLaw (Cal) 21Setting aside the order of conviction and sentence against all accused in a culpable homicide case on the ground that one of the accused's statement under Section 313 of the CrPC had not been recorded, the Calcutta High Court remitted the matter back to the trial court.A division bench of Justice Debangsu Basak and Justice Shabbar Rashidi adopted the procedure followed by the Supreme Court in Nar Singh vs. State of Haryana where the apex court had remitted the matter for recording the statement of the accused under Section 313.4. Custodial Death Allegations| 'Violation Of Article 21, Lalita Kumari Guidelines': Calcutta HC Orders Magistrate To Register Complaint Against CopsCase Title: Shipra Dey v. The State of West Bengal & OrsCase Citation: 2023 LiveLaw (Cal) 23While adjudicating upon an alleged custodial death case, the Calcutta High Court recently ruled that the concerned police authorities had violated Article 21 of the Constitution by not abiding by the guidelines laid down by the Supreme Court in Lalita Kumari vs. State of Uttar Pradesh (2014) as well as provisions of the Code of Criminal Procedure (CrPC).Accordingly, the Court ordered the concerned Magistrate to conduct an inquiry under Section 202 of the CrPC into the custodial death case. In the instant case, the deceased was called to the police station without serving him any notice, which, the court termed to be a violation of the Supreme Court's guidelines in the case of Lalita Kumar (supra).5. 'Disciplined Force Member Must Have A Clear Image': Calcutta HC Upholds Order Disallowing Murder Accused From Rejoining Home Guard ServiceCase Title: Julficar Sardar v. The State of West Bengal & Ors.Case Citation: 2023 LiveLaw (Cal) 25The Calcutta High Court upheld an order disallowing an accused from rejoining his post as a 'Home Guard' by underscoring that a volunteer of a disciplined force is required to have a clean antecedent with regard to his character.In this case, the appellant was not allowed to join his service as a Home Guard on the ground that he was in judicial custody for 84 days after being implicated in a criminal case for the offence of murder under Section 302 of the IPC arising out of a family dispute. He had been deployed as a Home Guard prior to the initiation of the criminal proceedings.6. 'Carried Highly Explosive Substances & Objectionable Literature': Calcutta HC Upholds Life Sentence Of Pakistani National Arrested On His Way To J&KCase Title: Shahbaz Ismail @ Shahbaz @ Md. Jamal v. The State of West BengalCase Citation: 2023 LiveLaw (Cal) 26The Calcutta High Court upheld the life sentence awarded to a Pakistani national belonging to terrorist organization Al-Badar, who was found to have entered Indian territory illegally through Bangladesh and was proceeding to Srinagar, Jammu & Kashmir for the purpose of carrying out terrorist activities.The convict was arrested by the Special Task Force (STF), Kolkata on March 19, 2009, after being intercepted and was found to be in possession of explosive substances and forged driving license and Voter ID card.7. [S.256 CrPC] Advocate's Mistake Should Not Prejudice Party's Rights: Calcutta HC ...

Calcutta High Court Annual Criminal Law Digest 2023

Srinjoy Das

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