LAWS(CAL)-2006-2-45

MAHABIR PRASAD GUPTA Vs. STATE OF WEST BENGAL

Decided On February 02, 2006
MAHABIR PRASAD GUPTA Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present case arises out of an application under section 482 of the Criminal Procedure Code, 1973.

(2.) It is directed against order dated 19th July, 2005 passed by Smt. Sashi Kala Basu, Additional Sessions Judge, 6th Fast Track Court, Bichar Bhavan, Calcutta in C.R. No. 121 of 2004 affirming the order dated 22.03.2004 passed by learned 12th Court of Metropolitan Magistrate, Calcutta in G. R. Case No.590 of 2002. A petition was filed in connection with the said C. R. case on 06.01.2003 under section 91 of the Code of Criminal Procedure praying for issuance of summons upon the Superintendent of Police, CBI, ACB, Kolkata and directing him to produce the affidavit sworn by Arshad Pervez in connection with Case No. R.C.-5/98 dated 12.01.1998 under section 120B/ 420/468/471 of Indian Penal Code.

(3.) Grievances of the petitioners may briefly be stated as follows : Central Bureau of Investigation registered a case being No. R. C.-5/98 dated 12.01.1998 against M/s. Merit Pharmaceuticals Limited alleging that the company had obtained fraudulent claims of loss of medicines in transit from National Insurance Company Limited. After completion of investigation, chargesheet was submitted against four (4) persons including the two petitioners. The petitioners were entrusted with the carriage of medical consignment by M/s. Merit Pharmaceuticals Limited. The goods were despatched by tired lorry and it was reported by the Branch Manager of the petitioners concerned in Patna that some theft and loss of goods had taken place at Barhaiya Police Station near Patna. One Arshad Pervez was the driver of the vehicle. On the basis of the relevant materials the learned Court took cognizance. It could be found that the said Arshad Pervez was examined during investigation and his statement was recorded under section 161 of the Criminal Procedure Code. The statement made by him on 22.12.1992 was amongst the list of documents annexed to the chargesheet and relied upon by the prosecution.