Judgment

Chandrachud

( 1 ) MY learned brother A. N. Sen has dealt fully with the various points argued before us. I agree respectfully with his judgment, but desire to add a few words in view of the importance which this matter has acquired by reason of the immense circulation of black money clearly and almost concededly involved in the affairs of the firm which is facing a prosecution.

( 2 ) THESE appeals by special leave arise out of the judgment dated 5/03/1981 of a learned Single Judge of the Calcutta High court in Matters Nos. 2829 of 1980 and 37 of 1981. The appeals are, in substance, by the State of West Bengal while the contesting respondents are a firm called sanchaita Investments and its three partners, Swapan Kumar Guha, Shambhu Prasad Mukherjee and Bihari Lal Murarka. The two matters in the Calcutta High court were in the nature of Writ Petition under Article 226 of the Constitution which were filed by the firm and its partners for quashing an investigation commenced against the firm. Allowing the Writ Petition, the High court issued a writ of mandamus directing the State government and its concerned officers to "forthwith recall, cancel and withdraw the First Information