DIPTI DAS MAJUMDER Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Samarjit Bhattacharjee, learned Amicus Curiae appearing for the petitioners. Also heard Mr. N. Choudhury, learned GA appearing for the State-respondents, Mr. K. C. Mishra, learned Spl. PP appearing for the Central Bureau of Investigation (CBI, in short) and Mr. B. Majumder, learned CGC appearing for the Union of India-respondent.

(2.) Mr. Mishra, learned Spl. PP for the CBI has submitted that by the affidavit dated 19.12.2018 the CBI has categorically stated that as per the order of the apex court the CBI has taken over investigation of a large number of Ponzi Scheme Cases under different branches of CBI located in Bhubaneswar, Kolkata, Guwahati and Ranchi and those cases are being investigated into. Some Ponzi Scheme Cases related to Tripura are also under investigation by CBI Branch EO-VI, Kolkata. In compliance of the said order of the apex court, CBI has to take over 540 local FIRs registered by West Bengal Police, but due to acute shortage of manpower and other resources CBI could not take over 164 FIRs so far. They have further asserted in the said affidavit that CBI has expressed inability to take over a good number of cases for investigation due to shortage of manpower and other resources. For example, out of 71 Chota Rajan Gang related cases, CBI has not been able to take over 47 cases. Similarly, the Gauhati High Court on 08.01.2015 has asked CBI to investigate 481 Ponzi Scheme Cases. But due to the similar difficulties, CBI had submitted before the apex court that the agency was not in a position to take over investigation of the cases as referred. The apex court was pleased to stay the direction of the Gauhati High Court and restrict the investigation to 15 cases.

(3.) In para 9 of the said affidavit, the CBI has asserted that inadvertently it was stated in this court that the reference by the State Government was pending before DoPT whereas it was actually pending with the DOP (Director of Prosecution, CBI). The CBI has clarified their position by the said affidavit.