DEEPCHAND AGARWALLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition is for quashing of an investigation commenced under S.6A of the Essential Commodities Act on the basis of a First Information Report dt. 4th July, 1983 lodged by the Sub-Inspector of Police, Enforcement Directorate with the Officer-in-Charge, Burrabazar P. S. being P.S. Case No. 47 dt. 4th July, 1983 under S.7(1)(a) of the Essential Commodities Act, 1955.

(2.) It is a well settled principle of law that investigation of an offence is the field, exclusively reserved for the Executive through the police department, the superintendence over which vests in the State Government. The power of the police to investigate into a cognizable offence is ordinarily not to be interfered with by the Judiciary. .

(3.) Mr. Roy Chowdhury appearing for the petitioner, however, strongly relied on the later decision of the Supreme Court in the case of State of West Bengal v. Swapan Kumar reported in AIR 1982 SC 949 and contended that in the event of nondisclosure of an offence in the First Information Report, the Writ Court would be within its jurisdiction to quash the proceedings. In the said decision the Supreme Court observed that on a consideration of all the relevant materials the Court has to come to the conclusion as to whether an offence is disclosed or not and if on a consideration of the relevant materials, the Court is satisfied that an offence is disclosed, then Court would not interfere and would generally allow the investigation into the offences to be completed. If on the other hand, the Court, on the consideration of the relevant materials, is satisfied that no offence is disclosed, it will be the duty of the Court to interfere and stop the investigation to prevent uncalled for and unnecessary harassment to an individual.