JAMIL AKHTAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the present application the petitioner has prayed for quashing of proceeding being G.R. Case No. 2719/2000 arising out of Beniapukur P.S. Case No. 216 dated 11-8-2000 under Section 121/121A of the Indian Penal Code.

(2.) The aforesaid case was registered with Beniapukur police station on the basis of a complaint lodged by the officer-in-charge, Anti-Terrorist-Cell, Special Branch, Calcutta alleging commisison of offences punishable under Section 120-B/121/121-A/153-A of the Indian Penal Code. The allegation levelled against the petitioner is that being a member of Harkat-Ul-Muzahidin (HUM) he is the contactman of Abu Sayed, Chief of HUM, Dicca. The petitioner's telephone number was found in possession of Billal, a Bangladesh National who was arrested at Basirhat on April 25/26, 2000. Said Billal had revealed that the telephone number of the petitioner was given to him by Abu Sayed in Ducca with the information that the present petitioner is the contactman in Calcutta who should be contacted for instructions. Billal also disclosed that the petitioner was rendering financial help to Harkat Cadre and he also facilitated the collaborators of the highjacking of the Indian Airlines Flight No. I.C. 814 (December, 24, 1999) from Nepal. On interrogation it was further revealed that the petitioner is a member of ISI and the banned organisation HUM, which created a strong reasonable suspicion that the petitioner is connected with heinous types of cognizable offences in the country.

(3.) On completion of investigation charge-sheet was submitted by the investigating agency under Section 121/121-A of the Indian Penal Code against the petitioner before the learned Additional Chief Judicial Magistrate, Sealdah. On receipt of the said charge-sheet the learned Magistrate by his order dated 31-10-2000 took cognizance of the offence. After complying with the provision of S. 207 of the Code of Criminal Procedure.