Said Sk vs. State Of West Bengal

Facts

The petitioner, Said Sk., applied for bail in connection with NDPS Case No. 129/2024, arising from Islampur PS Case No. 675 of 2024. The petitioner was taken into custody after his anticipatory bail was rejected. The State opposed the bail application. A co-ordinate bench had previously noted that the co-accused produced documents of the petitioner, including GST documents, which were found to be fake. These fake GST documents purported to show the petitioner possessed a valid drug license. The petitioner had been in custody for 60 days.

Held

The Court dismissed the bail application. The reasoning was based on the petitioner's conduct in attempting to obtain liberty by hoodwinking the court, as evidenced by the production of fake GST documents that were meant to show a valid drug license. The Court found this attempt to mislead the court to be a significant factor against granting bail at this early stage, especially when the petitioner had already been in custody for 60 days. The Court directed the petitioner to approach the court again after the evidence of the seizure list witnesses had been completed. No specific GST Act or Rule sections were discussed or relied upon by the Court, other than the mention of 'GST documents' being fake.

Key Issues

1. Whether the petitioner is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering his alleged involvement based on the statement of a co-accused and the production of fake GST documents. Petitioner's Argument: The petitioner argued for bail, stating his implication was based on the statement of a co-accused. State's Argument: The State opposed the bail prayer. The State highlighted that fake GST documents, purportedly showing a valid drug license, were produced by the co-accused, indicating an attempt by the petitioner to mislead the court.