TUSHAR KANTI GHOSH Vs. STATE

JUDGEMENT

(1.) Let the matter be treated as on day's list. In this petition under Section 438 of the Criminal Procedure Code, the petitioner Tushar Kanti Ghosh has prayed for directing the police to release the petitioner on bali in the event of his arrest in connection with Ballygunge P. S. Case No. 136 of 1995, dated 20th July, 1995, or pass such order as this Court may find, fit and proper.

(2.) There is no dispute that a multi-storied building at 30/1, Sarat Bose Road, Calcutta 700020 crumbled down, taking a toll of three lives and inflecting serious injuries on six others who lived in that premises. The petitioner's case is that although the petitioner does not have any connection with the construction of the said building save and except carrying out the order of the higher authorities in his office, i.e. Calcutta Municipal Corporation where he worked is being searched by the police and there is reasonable apprehension that the petitioner might be arrested in connection with the said case, registered as Ballygunge P. S. Case No. 136 of 1995, under the Section 120B/304/427 of Indian Penal Code. The Petitioner prays for an order of anticipatory bail.

(3.) The State through the learned P.P. challenges the contention and claims that the petitioner as the concerned District Building Surveyor submitted a report, facilitating issue of a partial occupancy certificate in respect of the said premises on 19-2-86, permitting, thereby occupation of the building, although the construction was not actually according to the sanctioned plan and such act was done by entering into the conspiracy with the persons responsible for construction of the building which collapsed due to defect in construction and as such the petitioner as an Officer of the Corporation is responsible for proper inspection of the premises before its occupation and such report given by him facilitated occupation of the building although the building was not strictly as per plan and such the tragic death and injuries on the inhibitants of the building were possible. The State through the learned P. P. strongly opposes the prayer for anticipatory bail.