Himojyoti Bhattacharjee@Himojyoti Bhattacarjee v. State(Union Terrrtory Of Andaman And Nicobar Islands)
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR] ** CRM (A)/2/2022 In Re: An application for anticipatory bail under Section 438 of the Cr.P.C. in connection with Pahargaon PS Case No.41 of 2022 dated 24.2.2022, 25.2.2022 under section 7 of the Essential Commodities Act, 1955 read with sections 407 and 420 of Indian Penal Code and clause 11(2),11(3) and 13 of the Targeted Public Distribution System ( Control) Order, 2015.
Himojyoti Bhattacharjee @ Himojyoti Bhattacarjee ... Petitioner Vs.
The State ... Respondent Mr.Sekhar Kumar Basu, Sr. Adv.
(through virtual mode) Mr.Raja Saha, Mr.Sandeep Prasad Shaw Mr.Sanjay Mukherjee, Mr.R.K.Nandy ...
for the petitioner Mr.Deep Chaim Kabir Mr.Ajith Prasad ... for the respondent April 22, 2022 [GNC] Item No.1 Mr. Basu, Senior Counsel appearing through virtual mode moves the application under Section 438 of the Code of Criminal Procedure.
Mr.Kabir, the learned Special Public Prosecutor is present. The Case Diary has been produced along with a report submitted by Sub Inspector Samiran Mridha of Pahargaon Police Station, the Investigating Officer of the case.
The application for anticipatory bail has been filed in connection with Pahargaon PS Case No.41 of 2022
dated 24.2.2022/25.2.2022 under section 7 of the Essential Commodities Act, 1955 read with section 407 and 420 of Indian Penal Code and Clause 11(2), 11(3) and 13 of the Trageted Public Distribution System ( Control) Order, 2015.
Mr.Basu submits that the petitioner is a partner of M/s Associated Industries of Dollygunj, Port Blair, involved in operation of flour mill and participated in a tender process issued by the Directorate of Civil Supplies and Consumer Affairs, Andaman and Nicobar Administration for conversion of Public Distribution System wheat into fortified wheat flour. The allegation against the petitioner is that he has diverted and substituted approximately 40 Metric Tonnes of wheat which was supplied to him for conversion to fortified wheat flour by processing thereby committed the offence. On conducting a raid a huge shortfall of wheat was allegedly detected for which the petitioner could not account. It is submitted that the contract by which the wheat was being supplied to the petitioner has been cancelled and the wheat which was lying in his custody has already been lifted and taken back by the Civil Supplies authorities.
It is further submitted that by an order dated 6.4.2022, the petitioner was granted an interim anticipatory bail by a Hon'ble Division Bench of the Calcutta High Court in CRM(A)/2/2022 on condition that
he will meet the Investigating Officer twice a week and will not leave the Pahargaon police station without prior leave from the jurisdictional court. Mr. Basu therefore prayed for grant of anticipatory bail to the petitioner on any condition.
Learned Special Public Prosecutor appearing for the Administration submits that though the petitioner has met the Investigating Officer as per the condition imposed upon him on 6.4.2022, he has not produced the relevant documents and is not cooperating with the Investigating Officer in proper manner.
Considered the submissions made by learned Advocate for the petitioner as well as the opposite party and also considered the materials in the Case Diary. Perused the order passed earlier in this matter. It appears to us that the petitioner is cooperating with investigation by meeting the Investigating Officer. Report to that effect has been produced before us. In view of the nature and gravity of the offence and punishment involved it appears to us that the matter rests mainly upon a contract that was granted in favour of the petitioner.
Under such circumstances, no purpose would be served by custodial interrogation of the petitioner. We therefore hold that it is an appropriate case where the petitioner may be granted anticipatory bail on condition that he cooperates with the investigation for unravelling the issue involved.
The petitioner, Himojyoti Bhattacharjee @ Himojyoti Bhattacarjee is accordingly granted anticipatory bail. In the event of arrest by police, petitioner may be released on anticipatory bail of Rs.50,000/- with two sureties of Rs.25,000/- each, one of which should be a local surety to the satisfaction of the learned Chief Judicial Magistrate, Port Blair and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 with further condition that he meets the Investigating Officer twice a week till further order and on condition that the petitioner shall not leave the islands without the prior permission of the jurisdictional court. The report filed by Mr. Kabir is taken on record. CRM(A)/2/2022 is accordingly disposed of. Case diary is returned.
Parties to act on the basis of server copy of this order.
( Shampa Sarkar, J.) (Ananda Kumar Mukherjee, J. )