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Grants to Dhrubajyoti Bose in Durga Puja Land Case
In a significant ruling, the granted to Dhrubajyoti Bose in connection with a Durga Puja land case, holding that the prosecution had failed to meet the required to invoke , which deals with organised crime. Justice Partha Sarathi Chatterjee observed that there was no material on record to show that any had been filed against Bose during the preceding ten years—a prerequisite for establishing "" under the provision.
The case originated from an FIR lodged at on the complaint of a local MLA, alleging that , a committee associated with Durga Puja celebrations, had encroached upon approximately two bighas of land belonging to the . The complaint claimed that since , the committee had demolished a boundary wall, iron gate and grill, fraudulently obtained an electricity connection in the name of , and continued to occupy part of the land, depriving local children of its use as a park or playground.
The Legal Challenge
The FIR was initially registered under . Subsequently, was added based on witness statements recorded during the investigation, alleging that Bose had extorted money from various persons under the guise of collecting contributions for the Puja . Bose sought , arguing that the case was politically motivated and that there was no material demonstrating his involvement in any or .
, appearing for Bose, highlighted that the FIR was registered after a change in the political regime in , pointing to a significant delay that undermined the prosecution's narrative. He further contended that the allegations of were an afterthought, introduced only through witness statements recorded under .
Court’s Analysis on Organised Crime
Justice Chatterjee meticulously examined the requirements of , which defines organised crime as "" including , land grabbing and economic offences, committed by a person or group acting in concert as a member of an or on its behalf, through violence, threat, intimidation, coercion or other unlawful means to obtain material or financial benefit.
The Court referred to , which clarifies that "" involves a punishable with imprisonment of three years or more, undertaken as a member of or on behalf of an , in respect of which more than one has been filed before a competent court within the preceding ten years. On this critical point, the Court observed:
"Materials on record indicates that, in the present case, the prosecution has not been able to demonstrate any material to show that any
had ever been filed against the petitioner during the preceding ten years, at least as on date."
The Court also noted that the parties had jointly submitted that KMC had dismantled the structure standing on the land, removed temporary structures and taken possession of the property. This development further weakened the prosecution's case. Concluding on this point, the Court held that the prosecution had not placed any to demonstrate that the statutory requirements under Section 111 BNS had been satisfied.
Allegations Scrutinised
Turning to the allegations, the Court observed that to constitute the offence of , it must be established that a person was put in fear of injury and thereby dishonestly induced to deliver property. The Court noted that the original FIR contained no allegation of ; such allegations only emerged subsequently through witness statements recorded under Section 183 BNSS.
A review of the case diary revealed no material showing that Bose was a member or office-bearer of the Puja Committee, nor were there documents indicating that he had received money from any person. The State relied on a single bank transaction showing that Bose had deposited Rs 5 lakh by cheque into the committee's account. However, the Court found that apart from this transaction, no document had been produced to show that Bose had taken money from any person.
"There was no contemporaneous allegation that any person had been forcibly made to part with money, either in the guise of contribution or otherwise,"
the Court observed.
Relying on the principles established in and , the Court held that the subsequent introduction of allegations through statements recorded during investigation could not be given undue weight at the stage. The Investigating Officer had already recorded witness statements and collected bank statements and other relevant materials, making the possibility of Bose tampering with evidence remote. The Court also found no material demonstrating the necessity of for eliciting further evidence.
Political Motivation and Delay
Bose’s counsel argued that the case was politically motivated, pointing to the timing of the FIR after the change of regime in . The delay in registration of the FIR was also highlighted as a factor undermining the credibility of the allegations. While the Court did not explicitly comment on the political motivation, the observation regarding the lack of contemporaneous allegations and the subsequent addition of implicitly supported the defence's position.
The State, represented by , opposed the bail application by citing Bose’s alleged criminal antecedents and claiming that he had, in connivance with a Minister of the erstwhile political party, misappropriated substantial public money. The State also relied on the ’s decision in , where was denied due to the existence of 22 FIRs against the petitioner. However, the distinguished that case, noting that the present matter involved no such multiplicity of proceedings.
Conclusion and Bail Conditions
Taking into account the totality of facts and circumstances, the cumulative effect of the materials on record, and the fact that the Investigating Officer had already collected substantial evidence, the Court held that Bose was entitled to . The Court directed that in the event of arrest, Bose shall be released on bail on furnishing a bond of Rs 50,000 with two sureties of the like amount, one of whom must be local, subject to the conditions under . Additionally, Bose was directed to meet the Investigating Officer once every fortnight until submission of the .
The ruling reinforces the high threshold for invoking Section 111 BNS, particularly the requirement of multiple charge-sheets within ten years to establish "." It also underscores the importance of in cases and the limited role of afterthought allegations introduced through witness statements. For legal practitioners, this judgment serves as a reminder that cannot be denied merely on the basis of serious allegations without satisfying the statutory conditions for organised crime.
The matter will now proceed with the investigation, and Bose’s compliance with the bail conditions will be monitored. The case continues to highlight the intersection of land disputes, political dynamics, and the misuse of penal provisions, offering valuable lessons for criminal law practice in India.
