SIBA PRASAD GOCHHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) "A criminal remains a criminal whether he uses a convict's suit or a monarch's crown." -Victor Hugo All is not well for the dwellers of millennium city of Cuttack. That is what the underlying tone of this case record unearths. A group of mafias are operating in full swing and flourishing their criminal activities in a most organized manner. Normal people are scared to raise their timid voice against such unholy combinations. They start compromising themselves with Dadagiri. They are being compelled to accept the situation that things will not change for them towards better but they have to change themselves to accept the state of affairs as it is. They find some white collared criminals occupying very important posts in the society spreading tentacles of their misdeeds. Every individual is accountable for his actions. Delay in taking appropriate legal action against the perpetrators of the crime results in people losing faith in the system. It is only when the law enforcing agency with all strong determination decide to smash the devilish activities of the criminals, people in general feel a sigh of relief and start dreaming of a better future. The petitioner Siba Prasad Gochhi is an accused in Chauliaganj P.S. Case No. 27 of 2016 corresponding to G.R. Case No. 222 of 2016 pending in the Court of learned S.D.J.M.(Sadar), Cuttack registered under sections 387, 120 -B, 34 of the Indian Penal Code and sections 25(1 -AA) and 27 of the Arms Act, 1959 who was taken into custody 10.03.2016 and his application for bail has been rejected by the learned Sessions Judge, Cuttack in BLAPL No. 335 of 2016 vide order dated 28.03.2016.

(2.) Mr. Ajaya Kumar Das, Inspector in Charge, Chauliaganj Police Station drew up the First Information Report on 03.02.2016 to the effect that during investigation of Chauliaganj P.S. Case No. 12 of 2016 dated 18.01.2016, it revealed that Sushant Kumar Dhal Samant and Sushil Kumar Dhal Samant were collecting huge amount of money by means of tender fixing with different establishments and works such as RAMCEE, TANTIA, RD, R & B, Drainage Division, Water Resources (Irrigation and RWSS), Sand ghats and Mines etc. as well as extortion, Dadabati and by illegal mining with the help of their associates. During search of the house of one of the principal associates of Dhal Samant brothers namely accused Bharat Bhusan Swain of Gandarpur on 01.02.2016, cash of Rs.12,44,000/ - was seized as he failed to give any satisfactory account regarding the possession of the seized amount. It was ascertained that the money came from tender fixing activities and the associates of Dhal Samant brothers were collecting Dadabati from different businessmen, contractors, nursing home owners and real estate owners etc. under the money and muscle power of their boss. It is further stated in the First Information Report that due to such criminal activities, the society as well as general public were very much panic stricken and they could not venture to open their lips against the antisocials who use to terrorise the victims and achieve their goals i.e. collecting huge money by throwing bombs and using fire arms and ammunitions. It also transpired that Dhal Samant brothers were dealing with illegal fire arms and ammunitions and supplying the same to their associates to do some work procuring it from Munger (Bihar), Banaras, Kanpur (U.P.) and Kolkata. There was huge seizure of arms and ammunitions from the house of Dhal Samant brothers as well as their associates in connection with Chauliaganj P.S. Case No. 12 of 2016. The First Information Report was lodged against thirty nine named accused persons and others.

(3.) During course of investigation, it came to light that the petitioner along with others had formed an illegal contractors association as per the direction of Dhal Samant brothers and in the name of that association, they were not allowing any other contractors or bidders to apply for the tender at Barrage and Drainage Office, Gandarpur. If any person was applying for the tender, they were threatening him on the point of gun and also assaulting him to withdraw from tender process. They were collecting Dadabati @ 10% and more from the contractors who were getting the tender under their money and muscle power and giving protection to the contractors. They were paying commission to Dhal Samant brothers from Dadabati as a part of their loyalty and association with them. On return, Dhal Samant brothers were providing them with arms and ammunitions for their criminal activities i.e. for tender fixing and collection of Dadabati. Statements were collected during investigation to show that the petitioner and his associates were provided with fire arms and ammunitions and some fire arms and ammunitions were seized from the house of one of the associates of the petitioner. It was further revealed that the petitioner was an accused along with others in the murder case of one Baidhar Sahu which corresponds to Chauliaganj P.S. Case No. 19 of 2005 in which investigation is under progress. Similarly another case was registered at Chauliaganj Police Station as the petitioner and his associates made criminal conspiracy to capture the valuable land of one Hemanta Kumar Sahoo at Gandarpur and accordingly forcibly entered inside the land of that person and opened fire to his son Yubaraj Sahoo who got injured due to gunshot injury. It is also indicated in the case dairy that apart from Chauliaganj P.S. Case No. 27 of 2016 in which the petitioner is seeking for bail, the petitioner is also involved in Chauliaganj P.S. Case No. 19 of 2005 under sections 364/365/34 of the Indian Penal Code, Chauliaganj P.S. Case No. 146 of 2007 under sections 386/387/120 -B/34 of the Indian Penal Code, Chauliaganj P.S. Case No. 12 of 2014 under sections 341/323/326/120 - B/307/506/34 of the Indian Penal Code read with sections 25/27 of the Arms Act and Chauliaganj P.S. Case No. 58 of 2016 under sections 386/387/294/506/120 -B/34 of the Indian Penal Code read with sections 25/27 of the Arms Act.