SANTOSH KUMAR PANJA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) INVOKING inherent jurisdiction of this Court, accused persons viz. Santosh Kumar Panja, Samir Bhusan Chandra and Mozammal Haque molia moved the instant criminal revision for quashing of the Sessions case No. 5 (3) of 2000, now pending before the learned Additional District and Sessions Judge, 7th Court, Alipore, 24-Parganas, South, relating to the offence punishable under Sections 120b/255/260/467/471/420 of the indian Penal Code on the ground of infringement of their fundamental right to speedy trial guaranteed under Article 21 of the Constitution.

(2.) THE background facts of the aforesaid case are as follows: "on different dates between July 31, 1975 to January 22, 1976 alipore Police Station received eight separate complaints from Alipore post Office and one complaint was received by the Deputy Commissioner of Police, Detective Department, Lalbazar from the Investigating Inspector (Wireless) and Office of the Post Master General, West Bengal alleging that quite a large number of persons produced their radio licenses to the alipore Post Office for renewal when on examination of those licenses it was found that ail those licenses are bogus and the B. R. L Stamp affixed postal seals and writings on those books were forged and fictitious. The investigation of the case thereafter was entrusted to the Fraud Section, detective Department, Lalbazar, Calcutta Police. In the meantime ,an information was received that an well organized criminal racket led by one Ajit Ghosh was behind that. Whereupon the police started a suo motu case. During investigation nine accused persons were arrested. 31 blocks, by which fictitious radio license books were printed and three radio license cover and six license books without cover were seized from the possession of the accused Anukul Hazra, who printed the fictitious license book and b. R. L. Stamps. All 10 fictitious radio license books affixed with forged b. R. L. Stamps were sent to the India Security Press, Nasik for obtaining opinion and it was found that all the documents, license books are fictitious and B. R. L. Stamps affixed thereon are forged. Besides that those license books specimen writings of the accused persons and the counter clerk of alipore Post Office of the relevant period were sent to the handwriting expert who opined the writing found in those license books are mostly written by accused Satish Chandra Bag. During investigation one hand printing machine was also recovered at the instance of one Amiya Kumar mitra. It was found all the nine accused persons are involved in forging the radio license stamps and using the same as genuine in some fictitious radio license. They also forged the writings in those license books which were printed by them locally and supplied the same as genuine to the innocent publics who were seeking license for their radios. "

(3.) THE aforesaid case was registered on March, 1977 and in february, 1979 police submitted charge-sheet against total nine accused persons including the present three petitioners. Thereafter, on August, 1979 the copies were supplied to the accused persons but in between on three dates the copies could not have been supplied because of the absence of the accused persons.