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IN THE HIGH COURT AT CALCUTTA
PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ, JJ.
Arijit Majumdar and Others - Petitioners
Versus
The State of West Bengal and Others - Respondents
WPA(P) 187 of 2022 With WPA(P) 145 of 2022 With WPA(P) 146 of 2022
Decided On : 30-08-2022
Indian Penal Code, 1860 - Section 307, 286, 308, 324, 326, 120B - Criminal Procedure Code, 1973 - Section 154 - Explosive Substances Act, 1908 - Section 3, 4, 5 - Explosives Act, 1884 - Section 9B(2) - Attempt to murder - Criminal Conspiracy - National Investigation Agency - Involving stockpiling of weaponry, arms, ammunition, artillery and bombs - Investigation of Scheduled Offences - Punishment for causing explosion likely to endanger life or property - Punishment for attempt to cause explosion - Held, Court direct Officer-in-charge of concerned police to send report to State under Section 6(1) of NIA Act immediately but not later than 3 days from today - State Government will take action of forwarding report in terms of Section 6(2) without any delay but not later than 3 days from date of receipt of report from Officer-in-charge of concerned police station - Central Government thereafter will take an appropriate decision as required by Section 6(3) of Act - Petitions disposed of.
JUDGMENT :
(Prakash Shrivastava, J.) :
1. These public interest petitions have been filed with the prayer to transfer the investigation to the respondent No.5 National Investigation Agency.
2. In WPA(P) 145 of 2022, the case of the petitioner is that on 29th of March, 2022 an explosion occurred in the house in Sardarpara area, Phoolmalancha Panchayat near Basanti in South 24 Parganas. The said explosion was the result of bombs being stockpiled in the house and in that explosion one person namely Farukh Sardar had died. According to the petitioner, this incident is a part of a series of such incidents which had taken place in recent past involving stockpiling of the weaponry, arms, ammunition, artillery and bombs which had caused great loss of life, limb and property. In paragraph 8 of the petition, the petitioner has given list of such incidents within a period of one year which is as under:
Incidents of recent bomb blasts in West Bengal between 1st April 2021 to 1st March 2022
| Sl. | Date | Incident |
| 1. | 19th April 2021 | Bomb Explosion Outside BJP Workers Home in Panihati, North 24 Parganas District. |
| 2. | 19th April 2021 | Bomb blast at Banashpur village in the Mallarpur area of Birbhum at Night. |
| 3. | 21st April 2021 | The explosion took place near the house of Trinamool Congress (TMC) regional president Bakul Sheikh in Berugram panchayat area of Ketugram, Purba Bardhaman District. A bomb exploded in front of his house in Chinishpur that day. Raju Sheikh and Raja Sheikh were seriously injured in the blast. |
| 4. | 22nd April 2021 | Man killed, another injured in bomb blast near Titagarh in North 24-Parganas. Several bomb explosions rocked the Megna jute mill area. |
| 5. | 29th July 2021 | Two police personnel were injured in a crude bomb explosion in Jagatdal area of North 24 Parganas district in West Bengal. |
| 6. | 7th September, 2021 | Unknown miscreants hurdled three crude bombs outside the house of BJP MP Arjun Singh in the North 24 Parganas district of West Bengal. Notably, when the bombs were hurdled at night on Tuesday, security personnel were present outside the premises. |
| 7. | 1st December, 2021 | A blast in South 24 Parganas district’s Nodakhali in Diamond Harbour area, where three people died in bomb explosion today |
| 8. | 30th December, 2021 | Two children were injured in an explosion at a garbage vat in Salt Lake’s Nayapatti area on Thursday morning, police said. The children were playing near the vat, kept aside a ground, when the low-intensity blast happened around 11.30 am, they said. |
| 9. | 19th December, 2021 | Kolkata Municipality Corporation elections: Bomb blast outside polling booth in Sealdah and Taki Boys School, three injured. |
| 10. | 3rd January, 2022 | A bomb exploded in the house of accused Kankan Karan, a resident of Paschim Bhanganmari village. While accused Kankan Karan was seriously injured in the explosion, another person succumbed to his injuries. A case was filed at the Khejuri Police Station in East Medinipur on 4th January 2022 and the NIA took over the investigation on 25th January 2022. |
| 11. | 21st January, 2022 | At least four people have been injured in a parcel bomb blast in a pharmacy in West Bengal’s Uttar Dinajpur District The incident took place at Baharail in Hemtabad |
| 12. | 22nd February 2022 | An infant was killed, while three other children were seriously injured in a bomb blast outside a house in the Kuitha village of District Birbhum in West Bengal. On Tuesday afternoon, a m |
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