Calcutta High Court (Appellete Side)
Sabiruddin Sk. @ Sabir & Anr vs The State Of West Bengal on 16 January, 2023
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
16.01.2023 Item No.15 CRR 3324 of 2022 Sabiruddin Sk. @ Sabir & Anr.
Vs. The State of West Bengal Mr. Rasdeep Majumdar, Adv., Mr. Anisur Rahman, Adv., Mr. Pritam Ray, Adv.
...for the petitioners The accused persons in custody are the petitioners before this Court praying for quashing of entire proceeding arising out of Samserganj Police Station Case No.149 of 2021 dated 15th June, 2021 under Section 489B/489C of the Indian Penal Code and read with Section 15(1) (a)(ii)(a)/16 of the Unlawful Activities (Prevention) Act, 1967.
Brief facts necessary for the purpose at this stage are as follows:-
On 14th June, 2021 at about 20.15 pm the above named two accused persons were apprehended by the police attached to Samsherganj Police Station and on search Fake Indian Currency Notes (FICN) of Rs.50,000/- and Rs.1,00,000/- respectively were recovered from the possession of the said two apprehended persons. Police seized the said FICN in 2 presence of independent witnesses and one S.I Dipak Kumar Das lodged a complaint against the accused persons before the Officer-in-Charge, Samserganj Police Station on the basis of which Samserganj Police Station Case No.149 of 2021 dated 15th June, 2021 under Section 489B/489C of the IPC was registered against them. On 10th September, 2021 the Investigating Officer prayed for extension of time to conclude investigation on the ground that the expert opinion with regard to the nature of seized FICNs was not received from the General Manager, Bhartiya Note Mudran Limited. Subsequently, on 13th September, 2021, the Investigating Officer of the case being an officer in the rank of sub-inspector of police filed an application before the learned Additional Chief Judicial Magistrate, Jangipur for adding Sections 15(2)(iii)(a)/16 of the UAPA and the learned Magistrate added the said penal provisions under the UAPA against the petitioners.
It is contended on behalf of the petitioners that an offence under the UAPA shall not be investigated by an officer below the rank of Deputy Superintendent of Police. The Investigating Officer of the above mentioned P.S case made the said prayer for adding penal provision under UAPA on receipt of scientific 3 examiner report from Bharatiya Reserve Bank Note Mudran Private Limited.
Petitioners' prayer for statutory bail was rejected on the ground of extension of time of investigation of the offence under the UAPA.
It is contended on behalf of the petitioners that the entire investigation is vitiated by patent illegality and therefore they have prayed for quashing of the investigational proceeding.
Instant revision be admitted. Petitioners are directed to serve notice upon the State of West Bengal through the learned Public Prosecutor, High Court Calcutta.
Petitioners are also directed to file affidavit-of- service within one week from the date of this order.
The instant revision is made returnable on 20th February, 2023.
The learned Public Prosecutor is requested to produce the case diary.
(Bibek Chaudhuri, J.)