Calcutta High Court (Appellete Side)
In Re: Santanu Chowdhury vs Union Of India Reported In (2014) 8 Scc ... on 6 August, 2019
1 06.08.19
Sl. No.118 akd [Adjourned] C. R. M. 4816 of 2018 (CRAN 3307 of 2018) with C. R. M. 12189 of 2017 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.07.2018 in connection with Kolkata R.C.53/S/2014/CBI/SIT dated 27.09.2014 corresponding to Lake Town Police Station Case No. 102 dated 14.04.2014 under Sections 406/408/420/511/109/112/114/115/117/120B/34 of the Indian Penal Code and Sections 4/6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. (G.R. Case No. 879 of 2014) And In Re: Santanu Chowdhury ... ... Petitioner W I T H In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.12.2017 in connection with CBI/SCB/SIT Kolkata Case No. RC-53/S/2014 dated 27.09.2014 under Sections 420/409/120B of the Indian Penal Code read with Sections 4/6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.
And In Re: Pramatha Nath Manna ... ... Petitioner Mr. Asis Sanyal .. Sr. Advocate Mr. Debangan Bhattacharjee .. Advocate Mr. Tirthankar Dhali .. Advocate ... for the petitioner [in CRM 12189/2017] Mr. Kumar Jyoti Tewari .. Advocate Mr. Younush Mondal .. Advocate ... for the petitioner [in CRM 4816/2018] Mr. Kaushik Chanda .. Ld. Addl. Solicitor General Mr. Amajit De .. Advocate Mr. Anirban Mitra .. Advocate Ms. Hasi Saha .. Advocate ... for the CBI 2 We are informed that the next date for hearing before the PMLA court has been fixed on 4th September, 2019.
Learned Additional Solicitor General submits that delay in the instant trial has been caused due to intervention at the behest of the petitioner in CRM 12189 of 2017 who has obtained an order of stay of the proceeding from the Sessions Court. Although the period of detention of the petitioner is considerable, one cannot lose sight of the gravity of the offence involving misappropriation of thousands of crores of rupees by carrying on illegal money circulation schemes causing economic devastation for numerous individuals in the State of West Bengal in particular and the country in general.
Being concerned with regard to the ramifications of such grave crime amounting to economic genocide for numerous depositors, the Apex Court in Subrata Chattoraj vs. Union of India reported in (2014) 8 SCC 768 had transferred the investigation of the present case and similar cases to Central Bureau of Investigation.
Investigation has progressed and charge-sheet has been filed against the petitioners and other accused persons. Further investigation with regard to large conspiracy involving public servants is still continuing. However, the core conspiracy involving the petitioners as the prime players in running illegal money circulation schemes appear to be wholly supported by materials on record.
We are informed that cognate prosecutions under Prevention of Money Laundering Act have been launched and prayer has been made for transfer of the present prosecution to the PMLA Court in terms of Section 45 of the said Act. It is a matter of concern that in cases involving serious economic offences intermediate orders like 3 framing of charge etc. are casually interfered with by the revisional courts resulting in delay and dilation at the behest of the accused persons like the petitioners herein.
It is open to the prosecuting agency to take appropriate steps in the matter for expeditious hearing of the revisional application. The prosecuting agency is directed to approach the revisional court within seven days from date and in the event, the application is filed the revisional court shall prepone the date of hearing and dispose of the revision petition within one month from the date the prosecuting agency approaches for early hearing.
Report with regard to progress of hearing before the PMLA court as well as the revisional court shall be filed on the next date of hearing.
Let this matter appear under the same heading on 17th September, 2019.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)