Calcutta High Court (Appellete Side)
Fire Services Act vs In Re: Santi Ranjan Dey on 14 September, 2023
14.09.2023
Sl. No.28
akd
[Adjourned]
C. R. M. (DB) 3572 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 08.09.2023 in connection with Howrah Police Station
Case No.256 of 2023 dated 21.07.2023 under Sections 436/427/120B
of the Indian Penal Code and Sections 11J/11L/12 of the West Bengal
Fire Services Act, 1950. (G.R. Case No.3562 of 2023)
And
In Re: Santi Ranjan Dey
... ... Petitioner
Mr. Sekhar Kumar Basu .. Sr. Advocate
Mr. Sukanta Kumar Banerjee
Mr. Nilay Sengupta
Mr. Chandra Sekhar Singh
Mr. Debajyoti Deb
Mr. Shyamal Mondal
Mr. Sumanta Biswas
Mr. Partha Sarathi Santra
Mr. Ganesh Prasad Shaw
Mr. Animesh Paul
Mr. Ayan Mitra
Mr. Atanu Das
... ... for the petitioner
Ms. Nibedita Chakraborty
... ... for the de-facto complainant
Mr. Ranabir Roy Chowdhury
Mr. Mainak Gupta
... ... for the State
1.It is submitted on behalf of the petitioner that he is in custody for about 40 days. A devastating fire broke out in a popular market place known as 'Mangala Hat' at Howrah. It is contended the fire broke out accidentally. No one was injured nor was there any loss of life. Petitioner is a septuagenarian. Accordingly, he prays for bail.
2. Learned Advocate for the State refers to statements of witnesses to show that the petitioner had instructed others to set the market place on fire.
3. In response, learned senior Advocate for the petitioner refers to the report of the expert i.e. Assistant Director, Chemistry Section, State 2 Forensic Science Laboratory, Govt. of West Bengal which states the fire started due to electric short circuit over plywood false ceiling.
4. In view of the rival versions, we went through the report.
5. Paragraph 5 of the report reads as follows :-
"At the damaged area there had main electrical power supply box and it was so deeply burnt that it could not be ascertained whether there was any electrical cause behind the fire. From the pattern of fire it's degree, propagation etc. it could be ascertained that fire had initiated from the most burnt middle region; however, determination of the origin(s) of fire could not be detected. Regarding cause of fire, no reason could be ascertained because of extensive devastation."
6. Notwithstanding such observation, the expert opined as follows :-
"Fire started due to electrical short circuit over plywood false ceiling."
7. It may not be out of place to note the expert had observed electric cables were drawn over false ceiling randomly. He also concluded burning pattern resembles electric fire. These conclusions are not supported by empirical findings or cogent reasons.
8. On the other hand, in another portion of the report he has stated that the origin of fire could not be detected due to extensive devastation.
9. Dr. Debasish Saha who is the author of the report is directed to submit an affidavit before this court by the adjourned day explaining the apparently ambiguous and inconsistent stances in the report submitted by him.
10. Let the matter appear under the same heading on 28.09.2023.
11. A copy of this order be communicated to Dr. Debasish Saha for due compliance.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
3