SUSANTA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) An order of the Special Judge, 1st Court at Alipur, District South 24 Parganas, dtd. 24/11/2015 is under challenge in this revision. The order as above was passed in Special Case No. 03 of 2013. The trial Court by dint of the said impugned order dtd. 24/11/2015 has disallowed and rejected the prayer of the present petitioner for discharge, as was filed by him before the Court under Sec. 239 of the Code of Criminal Procedure, 1973.

(2.) The FIR is dtd. 19/8/2011. The suo moto FIR as above was lodged by the Deputy Superintendent of Police, CID, West Bengal, alleging disproportionate asset of the present petitioner. Accordingly, a case was started being Alipur Police Station Case No. 259/2019 dtd. 19/8/2011 under Ss. 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988.

(3.) The complainant in the said FIR has stated inter alia that the residential premises of the present petitioner being flat no. 46, at 247/1, D.N. Khan Road, Minto Park Govt. Housing Estate, Kolkata-700027, was searched in connection with another police case being Anandapur Police Station Case No. 36 of 2011, dtd. 6/6/2011 under Ss. 147/148/149/448/326/307/506/201/120B of the Indian Penal Code and Ss. 25 and 27 of the Arms Act, 1959, against the present petitioner. After special raid/search at the aforestated premises the police seized two keys of godrej almirah and its lockers kept within that premises and also a cash amount of Rs.5,15,500.00. The complainant has further stated that the accused, i.e, the present petitioner since has been an elected member of the West Bengal Legislative Assembly, his self declaration on affidavit as was furnished before the Chief Electoral Officer, West Bengal, as a contesting candidate, was obtained from the official website. Allegedly, in the said affidavit dtd. 14/4/2011 on a non-judicial stamp paper and solemnly affirmed by the present petitioner, incorrect declaration was found to have been made. According to the complainant, as per the petitioner's affidavit before the Chief Electoral Officer as mentioned above, the total bank balance and cash in hand of the petitioner and his wife would be Rs.1,25,992.00. According to the complainant there was no plausible explanation or supporting material for the present petitioner to hold and possess a cash amount more than what has been declared by him before the Chief Electoral Officer, as mentioned above. The complainant has noted in the FIR that the assets as declared by the present petitioner in his affidavit before the Chief Electoral Officer, West Bengal, in the month of April, 2011, would have no parity with the assets found in his actual possession. Hence, against the present petitioner, who was at the relevant point of time of lodging of this FIR (that is, dtd. 19/8/2011), in custody with the CID, West Bengal, in connection with the other case as mentioned above, and was member of the Legislative Assembly of the West Bengal, the present case was lodged, alleging offence punishable under Ss. 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988.