SWAPAN ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This batch of writ petitions under Article 226 of the Constitution of India raises a common issue, primarily seeking the quashing of an F.I.R dated October 23, 2020. Accordingly the same are taken up conjointly.

(2.) The material facts in so far as comprehending the lis involved are as follows: These writ petitioners are exporters by profession. They purchased a certain tonnage of bags of wheat from local markets for the purposes of supplying/ exporting the same. On October 22, 2020 the officials of the Commissionerate of Customs (Preventive) had intercepted roughly 175 trucks loaded with the aforesaid bags of wheat in the parking lots at Ghojadanga Land Customs Station. These customs officials discovered that the jute bags bearing the wheat possessed marks and numbers of the Food Corporation of India, Government of Haryana and Government of Punjab. Suspicion arose that these bags of wheat essentially meant for the public distribution system of the country, were being diverted to Bangladesh illegally by the appellants in collusion with other unscrupulous businessmen. The custom officials as a consequence lodged a complaint before the concerned police station and upon receipt of such complaint, a case bearing Basirhat Police Station Case No. 1150 of 2020, dated October 23, 2020 was registered under Section 379/411/413/414/120B of the Indian Penal Code, 1860.

(3.) Subsequently, an application was submitted by the respondent no. 9 for the addition of Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereinafter referred to as the "EC Act"). Based on such application, by an order dated October 25, 2020, the learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas (hereinafter referred to as "ACJM, Basirhat") allowed the addition of the aforesaid Section while also allowing an application submitted by the investigating officer which prayed for the issuance of directions towards the confiscation of the detained goods. By a memo dated November 11, 2020 the petitioners were intimated that the bags of wheat had been confiscated in pursuance of the order dated October 24, 2020 passed by the learned ACJM, Basirhat. However, such memo dated November 11, 2020 was issued by the Additional District Magistrate (Treasury), North 24 Parganas upon the petitioners after the petitioners had invoked the Court's writ jurisdiction seeking the quashing of the criminal case registered as specified above.