Calcutta High Court (Appellete Side)
1579/2011 on 12 August, 2011
Author: Asim Kumar Ray
Bench: Asim Kumar Ray
2-08-11 C.R.R. No. 1579 of 2011
With
CRAN No. 1510 of 2011
Mr. Ram Dulal Manna,
Mr. Sandip Roy Chowdhury. ... for the petitioners.
Mr. Asis Sanyal. ... for the de facto complainant.
Mr. Joy Sengupta, ld. A.P.P. ... for the State.
This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure challenging the order dated 14-02-2011 passed in Case No. being C.G.R. 1476 of 2010 under Sections 120B/420/467/468/469/471 of the Indian Penal Code read with Section 66A(b) and Section 66A(c) of the Information Technology Act, 2000, whereby the learned Magistrate rejected the prayer of the petitioner/accused no.1 for return of the seized articles i.e., item nos.1 to 12.
Mr. Manna, learned Advocate, appearing for the petitioners, submits that the petitioner no.1 is a scientist. The seized items include his laptop loaded with datas, various certificates and other relevant papers. If the seized items are passed to the third hand, the scientific activities of the petitioner no.1 will be jeopardized. The seized articles may be returned to him and at the time of such return, condition may be imposed that he will produce the same as and when required. He has also prayed for quashing the proceeding pending before the learned court below.
Mr. Sengupta, learned Additional Public Prosecutor, appearing for the opposite party/State, has contended that the petitioner no.1 is not a scientist. He has specific knowledge regarding computer. He has created a fake website and cheated the de facto complainant to the tune of Rs. 80,000/-. The matter is in investigation stage. The prayer for return of the seized articles may be refused and the proceeding pending before the learned court may not be interfered with.
I have perused the revisional application taking the same by the side of other papers on record and documents. I have gone through the case docket also. It appears therefrom that the petitioner no.1 and his wife falsely represented themselves as scientist and inventor of fuel-less/battery-less engine. The petitioner no.1, Kanishk Sinha, falsely demanded himself as a Post Graduate in Physics though he is simply Secondary Examination passed. He has created a fake website in the purported name as ministryofnarcoticscontrol.com. in order 2 to restrain the complainant from taking any legal action against him. He has stolen the photographs of the complainant and his minor son from his 'Facebook' account and published it online with caption that the said photograph was of 'Gul Rehman' alias Keyur Majumdar, the complainant. He falsely published in the internet that 'Gul Rehman' alias Keyur Majumdar was convicted with life imprisonment by the Supreme Court of Pakistan as an international smuggler in a Drug & Narcotic case and E-warrant was issued against him. The case is very serious in nature. The seized laptop has been sent to the CFSL for testing. If the seized items are returned during the pendency of the matter, the investigation will be highly hampered.
There is no merit in this revisional application. It is dismissed. The application being CRAN No. 1510 of 2011 stands disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties.
(Asim Kumar Ray, J.)