SURAJ KUMAR SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under section 482 of Criminal Procedure Code been made to quash C.R. Case No. 447 of 1992 pending before the Metropolitan Magistrate, 4th Court, Calcutta.

(2.) The short fact giving rise to Taltolla Police Station Case No. 65 dated 7th of February, 1992 culminating in the G.R. Case No. 447 of 1992, arises out of an information lodged by the Censor Officer, Department of Information and Cultural Activities, Government of West Bengal to the effect that there were some obscene scene in an English Film "A Summer Night" which was screened at Light House Cinema Hall on 7th of February, 1992. The police arrested two persons from the Cinema Hall and also seized two reels of the said Film and the xerox copy of the Censorship Certificate. By order dated 8th of February, 1992 the Chief Metropolitan Magistrate directed the Investigating Officer to retain the seized articles in the Detective Department Malkhana till disposal of the case. The petitioner entered appearance at a later stage and took bail. He also received a copy of charge-sheet on 28th of November, 1995. It is the petitioner's case that as per the charge-sheet there was an interpolation in the said Film which ran for about seven minutes and which portion contained the offending scenes. The petitioner came to know from the charge-sheet that there was report of verification of the seized Film with reference to the Master copy. It is his contention that this verification was done without any order from the Chief Metropolitan Magistrate or any other Magistrate and in violation of the relevant rules at a much later date when as per rule the verification is to be done in presence of a Magistrate to be deputed by the Chief Metropolitan Magistrate and such verification is to be done within 24 hours from the time of seizure of the Film. There were other irregularities namely, absence of independent witnesses in terms of section 100 of the Criminal Procedure Code.

(3.) When the matter is taken up for hearing, it was submitted by the Ld. Advocate appearing for the State that two co-accused to the present petitioners in the instant case resorted to a revisional application on identical prayer of quashing before this Court giving rise to criminal Revisional Case No. 1376 of 1997 which was dismissed following a contested hearing by D.B. Dutta, J. on 13th of September, 1997. Accordingly, the Ld. State Advocate was asked to obtain a copy of the said decision pursuant to which a xerox copy of the said decision alleged to have seen obtained from the certified copy was produced by the Ld. State Advocate.