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Calcutta High CourtCRM (SB)/208/2023disposed

Suraj Chandra Swarnakar v. State Of West Bengal

2023-11-24Hon'Ble Justice Tirthankar Ghosh2 pages

24.11.2023 item No.9 Rakib (PA) ct. no. 34 CRM (SB) 208 of 2023 In re: An application for Bail under Section 439 of the Code of Criminal Procedure:

And In the matter of : Suraj Chandra Swarnakar ......Petitioner Mr. Soumyajit Das Mahapatra, Mr. Ali Ahasan Alamgir, Ms. Soma Mal, Ms. Rabia Khatoon, Ms. June Modak.

.... For the Petitioner.

Mr. Arijit Ganguly, Mr. Avik Ghatak.

....for the State.

Mr. Dhiraj Trivedi, Ld. DSGI ....for Income Tax Department Mr. Kaushik Dey.

....for the Directorate of Revenue Intelligence. Mr. Soumyajit Das Mahapatra, appears for the petitioner.

Mr. Arijit Ganguly appears on behalf of the State. Mr. Dhiraj Trivedi, learned DSGI appears on behalf of the Income Tax Department, his appointment may be regularized by the concerned authorities.

Mr. Kaushik Dey, appears on behalf of the Directorate of Revenue Intelligence, he had earlier assisted Court in this particular bail application. His appearance may be regularized by the concerned authorities.

Mr.

Kaushik Dey submits that the concerned authorities re-seized the gold and pursuant to the statement which has been made by the petitioner they intend to seize the cash which has been recovered by the police authorities in connection with the instant case. If an application is made by the DRI authority learned Magistrate would allow the concerned Officer of the DRI to re-seize the cash. Since DRI is investigating with the case it would be up to the police authorities to decide whether they further would continue with the present case or not.

Having considered the present stage of the case I am of the view that there are no complaints against the petitioner for not cooperating with the investigating agency during the period while he was on interim bail. Accordingly the bail of the petitioner is confirmed.

However, the petitioner will report at the office of the Directorate of Revenue Intelligence at Berhampore once in a fortnight for a period of six months.

With the aforesaid observation CRM (SB) 208 of 2023 is disposed of.

The Investigating Officer of the present case is present in Court, his further appearance is dispensed with. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J.)