TaxTMI 
TaxTMI 
2026 (3) TMI 1207
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.... Chief Judicial Magistrate, Basirhat, North(24)Pgs. 3. Case no. 9 of 2024 was registered on the basis of a complaint lodged by the Deputy Director of the Directorate of Enforcement (hereinafter referred to as the E.D.) before the Superintendent of Police, Basirhat police district and the officer-in-charge Nazat police station. Case no. 8 of 2024 was registered on the self same facts at the behest of the Superintendent of Police, Rajbari Outpost, Nazat police station. The CBI initiated R.C. case no. 2 of 2024 on the basis of Nazat police station case no. 9 of 2024 and R.C. case no. 4 of 2024 on the basis of Nazat police station case no. 8 of 2024. Both these cases have been merged by an order passed by the learned Additional Chief Judicial Magistrate, Basirhat. Charge sheet has been submitted and further investigation directed. 4. The allegation against the petitioner is that in course of investigation of a case involving the offence of money laundering related to "proceeds of crime generated from irregularities in procurement, processing/milling/fortification and distribution of ration through Public Distribution System (PDS) scheme" under the provision of the Prevention of M....
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....e a product of tutoring and afterthought. The illegal arms, if any, have no nexus with the petitioner and were not seized from him. It was stated by Majeda Bibi that the arms were kept in her house by Sk. Alomgir. No allegation under the Arms Act has found place in the charge sheet. 8. It is absurd that the petitioner has threatened a witness over phone from jail custody. Apprehension, if any, that the petitioner shall influence witnesses or tamper with evidence can be dealt with by keeping him outside the jurisdiction of the concerned police station. He has deep roots in the society. There is remote chance of his abscondence if granted bail. 9. It is settled law that prolonged incarceration of an accused without trial amounts to punishment which is not enjoined in law. The petitioner is in custody for about two years. Further investigation is pending. The CBI intends to examine 88 witnesses and rely upon 61 documents and 26 material exhibits. Possibility of completion of trial in near future is bleak. The petitioner cannot be termed as a habitual offender since he has not suffered any conviction earlier. The entire allegations are based on assumptions and have no legal sanct....
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.... assisted Sk. Sahajhan @ Sahajhan Sekh in assembling the mob at the two places. Statements of several witnesses recorded in course of investigation demonstrate that they were called by the petitioners to assemble at the locations. 13. Firearms recovered from the house of accused Abu Taleb Sk. who is absconding was kept by Sk. Alomgir as stated by Abu Taleb's wife. The arms licence in Sk. Sahajhan @ Sahajhan Sekh's name expired in March, 2022. 14. Nine accused persons including the petitioners have been charge sheeted and investigation is in progress in respect of 13 more accused. Supplementary charge sheet shall be submitted shortly. Though the case was handed over for investigation to the CBI on 6th March, 2024, i.e., after two months of the incident, some relevant evidence is yet to be made over. The co-accused who have been granted bail are not similarly circumstanced with the petitioners who are the principal accused. It is not unlikely that they shall impede further investigation, intimidate witnesses and destroy evidence if released on bail. They are extremely influential persons and complaint has been lodged to the effect that Sk. Sahajhan @ Sahajhan Sekh has been thre....
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....ation merely confirms the presence of the mobile phone within the tower coverage area. It does not indicate presence of the first petitioner in his house at the relevant time or his calling several persons to mobilize the crowd. 18. It appears from the call details of the two mobile phones used by the first petitioner that he made several calls to various persons between 7:00 A.M and 9:00 A.M. on the relevant date. Statement of witnesses including that of the first petitioner's wife also prima facie confirms the presence of the first petitioner in his house at the relevant time and his making calls to several persons. The witnesses have stated that the first petitioner instructed them to assemble outside his house and office and pursuant thereto, a huge mob gathered and attacked the E.D. and CRPF personnel as well as media persons present there and damaged their property and vehicle. The witnesses have also stated that after the E.D. and the CRPF personnel fled away, the first petitioner came out of his house and delivered a short speech addressing the assembled mob. He directed the mob to remain incognito for sometime and contact one of his associates who would take care in the....