The Calcutta High Court on Wednesday take action against two judicial officials. The action taken for failure to offer a legal aid to accused in a case. Justice Krishna Rao, while granting bail to accused Sudhar Mangar, found that neither the Chief Judicial Magistrate, earlier than whom he produced after the arrest, nor the District & Sessions Judge (NDPS) court, where he produced on police remand, sources said.
Calcutta High Court action: Accused Sudhar Mangar receives no legal aid
Mangar arrested on March 28, 2024, following the alleged seizure of 40 bottles of Rc-Kuff cough syrup from his property. He approached the HC for bail, declaring that he not informed the surfaces of his arrest. It argued that the arresting officer had violated his rights under Article 22(1) of the Constitution of India and Section 52(1) of the NDPS Act.
In response, the prosecution said it was not essential to offer the surfaces in writing. It also argued some strict conditions applicable to grant bail in cases. However, the Court determined that there was no mention of the surfaces of arrest in the arrest memo.
Action against Judicial Officers
Although the Calcutta High Court referred to that the written criticism. It forward file said that the surfaces of arrest explained to the accused, it located that the State had not produced any record or proof to show that the accused informed of these surfaces.
It concluded that there is contravention of the rights guaranteed to the accused. The Court emphasized that Article 22(1) of the Constitution of India presents that no individual who arrested shall be detained in custody.
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