AVIJIT BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is the Director of a company named and styled as "Aaratrika Parks and Projects Private Limited", in which he is allegedly a shareholder of 42.69 percent. The company runs an amusement park called "Aqua Marina Water Park" at Kanagarh, Hooghly.

(2.) One Prodip Kumar Dan, Inspector-in-Charge, Chinsurah Police Station (respondent no.3) recorded a General Diary Entry No.1440 dated September 21, 2019 and raided, with other police personnel, the said Water Park. Allegedly, the said team searched a tent and eleven rooms of the Park and found couples in compromising position, despite not being spouses. Various articles were seized during the raid. On the basis of the aforesaid GD Entry, respondent no.3 lodged a complaint, on the basis of which Chinsurah Police Station Case No. 315 of 2019 was registered on September 21, 2019 against the petitioner and 24 (twenty four) others under Section 370 of the Indian Penal Code, 1860, Section 46 of the Bengal Excise Act, 1909 and Sections 3 to 6 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as "the IT Act").

(3.) The petitioner's contention is that the petitioner earns his livelihood by running the business of the Water Park and the closure and sealing of the rooms in the Water Park on September 30, 2019, after the aforesaid raid and seizure, has deprived the petitioner from earning his livelihood and affected the fundamental right of the petitioner to life and personal liberty guaranteed under Article 21 of the Constitution of India.