TAPABRATA CHAKRABORTY,J. - (1.) Mr. Tiwari, learned advocate appearing for the petitioner submits that the petitioner's son was arrested in connection with Islampur Police Station Case No. 19 of 2017 dated 31st of June, 2017 under Section 21(C)/29 of the NDPS Act and he obtained bail from this Court on 7th of June, 2018. At about 12.35 pm on 19th June, 2018, the petitioner's son was released from Berhampore Correctional Home and it has been averred in paragraph 5 of the writ petition that immediately upon release "some unknown persons who were previously scattering here and there in front of the main gate of Correction Home, forcefully snatched her son from their custody petitioner and their relatives started shouting and tried to prevent them but a person came down from a police car who was in civil dress and ordered those unknown person for lathi charge upon the petitioner and claimed him as an officer of Berhampore Police Station and took the son of the petitioner in there car and went out. The petitioner immediately rushed towards the Berhampore Police Station but the Berhampore Police Station not even allow the petitioner to enter into the police station and after prolong request they informed that though he has been arrested by the Berhampore Police Station he was not in the Berhampore Police Station at that time." Such fact was immediately brought to the notice of the respondent no. 3 by a representation dated 19th of June, 2018 but no steps were taken.
(2.) He further contends that in connection with a criminal case initiated on 20th of June, 2018, the police authorities could not have forcibly taken him in custody immediately after he was released from the Correctional Home on 19th of June, 2018. Such dispute needs to be considered by the respondent no. 3 since the petitioner is repeatedly heckled and harassed. In support of his contention, Mr. Tiwari has placed reliance upon a judgment delivered in the case of Justice K.S. Puttaswamy (Retd.), and Anr. v. Union of India and Ors., reported in (2017) 10 SCC 1 (Paragraph 112).
(3.) Per contra, Mr. Sen, learned advocate appearing for the State respondents submits that on 20th June, 2018 at 16.35 hours, on receipt of a secret source information a Sub-Inspector along with the accompanying force of Lalgola Police Station could apprehend the accused persons, namely, Mirsad Sk., the son of the petitioner and one Julfukar Miya at Amtala More beside State Highway 11/A under Lalgola P.S, Murshidabad, along with 14,000 ML of Codeine Phosphate Mixture. The said contraband article was duly seized on 20.06.2018 in between 20.45 hours to 21.55 hours after observing all legal formalities under the direct supervision of Joint B.D.O, Lalgola Block. On 21st of June, 2018, the arrested persons were forwarded to the learned court along with the seized articles with a prayer for police remand. The learned court allowed the police custody of the accused persons. The petitioner's son is also involved in the following cases: 1. Islampur Police Station Case No. 11/17 dated 23.01.2017 under Section 363/366/372/376/120B/34 of the Indian Penal Code; 2. Islampur Police Station Case No. 19/17 dated 31.01.2017 under Section 21(c)/29 of the N.D.P.S Act; 3. Domkal Police Station Case No. 1065/16 dated 01.09.2016 under Section 302/120B/34 of the Indian Penal Code and 27 of the Arms Act; 4. Domkal Police Station Case No. 75/17 dated 19.01.2017 under Section 399/402 of the Indian Penal Code and section 25(i)(b) of the Arms Act; 5. Domkal Police Station Case No. 87/17 dated 31.01.2017 under Section 21(C)/22 (c) of the N.D.P.S Act.;