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2002 Supreme(Cal) 623

Ashok Kumar Mathur, Jayanta Kumar Biswas
State of West Bengal – Appellant
Versus
Sushanta Kumar Saha – Respondent


Advocates:
Advocate Appeared:
Sajal Kumar Chakraborty, Neela Chakraborty for the appellants;
M. K. Basu, Debabrata Saha Roy for the respondent.

JUDGMENT

Jayanta Kumar Biswas, J.

Writ Petition No.9111(W) of 1999 was filed in this Court by the respondent in this appeal. By the impugned judgment and order dated 14th July, 2000 a learned single Judge allowed the said writ petition; the First Information Report (in short F.I.R.) dated 22nd April, 1999 leading to initiation of Nabadwip P.S. Case No.63 of 1999 .dated 22nd April, 1999 under sections 403/406 of the Indian Penal Code, 1860(in short I.P.C.) and section 7(1)(a)(ii) of the Essential Commodities Act, 1955-was quashed.

2. The case made out in the said writ petition was as follows :-

One Shri Lakshmindar Das Gupta, a Chief Inspector (F & S), was a very influential officer of the Food & Supplies Department of the Government of West Bengal. Since the respondent could not fulfill said Chief Inspector's demands, a false case had been foisted on him on the basis of an illegal search and seizure conducted by the said Chief Inspector along with others on 22nd April, 1999. The search and seizure was not conducted following the procedure. The illegal raid resulting in institution of the false case infringed the respondent's fundamental right guaranteed under Article 19(1)(g) of the C




















































































































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