JAMIR HOSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A complaint was filed by a police officer in the Rank of Assistant Sub Inspector, Sadar Traffic, Jalpaiguri dtd. 17/1/2022 inter alia stating that the complainant at about 12:35 hours on 16/1/2022 recorded GDE No. 289 dtd. 16/1/2022 relating to a telephonic information disclosing, RNB loaded vehicles approaching from Goshala More proceeding towards Santipara. The complainant under the direction of the OC Sadar Traffic, Jalpaiguri accompanied by two other constables left their office and reached Santipara at 12:50 hours. Subsequently they noticed two trucks bearing no. WB/71-0182 and WGV-6089 respectively marked with "On Duty PDS Food and Supply Department, Government of West Bengal" boards on the front portion of the said trucks moving towards Kadamtala no entry zone area. The drivers of the vehicles disobeying the beckon to stop initially escaped but ultimately halted being chased. On inspection the vehicles were found to be loaded with river bedded materials and on interrogation the drivers confessed to have loaded the truck with sand from Jalpesh river bed under Moinaguri PS to sell the same at Jalpaiguri area, intentionally affixing the board of "On Duty PDS Food and Supply Department, Government of West Bengal" in order to pass through the no entry zone area taking illegal benefit from the police authority. The trucks were seized under a proper seizure list in presence of witnesses under Sec. 102 of the Criminal Procedure Code and the drivers of the said vehicles were arrested under Sec. 441 CRPC vide memo of arrest.

(2.) Based on the aforesaid complaint Kotwali PS Case No. 35 of 2022 dtd. 16/1/2022 under Sec. 419/420/467/478/471 of the Indian Penal Code was registered which resulted in filing of GR Case No. 332 of 2022 pending before the Learned Chief Judicial Magistrate, Sadar Court, Jalpaiguri.

(3.) Being aggrieved by the institution of the aforesaid GR Case No. 332 of 2022 based on the complaint mentioned above, an application under Sec. 482 of the Criminal Procedure Code has been filed for quashing the proceedings under Ss. 419/420/467/468/471 of the Indian Penal Code in connection with Kotwali PS Case Number 35 of 2022 corresponding to GR Case No. 332 of 2022 as aforesaid.