1. Petitioners herein have challenged the continuance of the proceeding
and also prays for setting aside of the order dated 20th November, 2025
passed by the learned Special Executive Magistrate, South Division Kolkata,
in connection with M/SEM Case no. 737 of 2025 under section 129
Bharatiya Nagarik Surakhsha Sanhita , 2023 (in short BNSS).
2026:CHC-AS:391
2. Brief background of the case is that Watgonj Police Station submitted
a report before the aforesaid Executive Magistrate against the petitioner
alleging that the petitioner is a habitual offender involved in various
offences, including kidnapping and extortion and police therefore have
prayed for initiation of proceeding under section 129 of BNSS, contending
that such preventive action is necessary in order to maintain public peace
and tranquillity. On the basis of such prayer, Magistrate issued a
production warrant on 11.09.2025 under section 132 of BNSS, for securing
the appearance of the petitioner on 22.09.2025 and for enabling him to
furnish his reply to the show cause notice, issued in the said preventive
proceeding, since the petitioner was in custody at the relevant point of time
in connection with another case. On being produced the petitioner prayed
for supply of the case details and all relevant documents pertaining to the
present proceeding.
