The court affirmed that materially different allegations in separate cases necessitate independent trials, upholding the right to a fair hearing and preventing double jeopardy.

JUDGMENT :

Dr. Ajoy Kumar Mukherjee, J.

1. A complaint case being Excise Case no. 110 of 2022 and a Police Case being Malipanchghora P.S. case no. 136 of 2022 were initiated against the present petitioner and others, in connection with a hooch tragedy that took place on 20th July 2022, claiming nine to twelve lives for consumption of spurious liquor and thereby prosecution report being PR No. 14/22-23 was submitted against the petitioner herein and two others in connection with complaint case and on 02.08.2022 a charge sheet in connection with the police case being charge sheet no. 178/2022 was also submitted against the petitioner and four other different persons. The court below who are in seisin of both the cases framed charge in connection with the Complain Case and the Police Case separately on self same day i.e. on 16th August, 2023.

2. While dealt with the provisions under section 210(2) of the Cr.P.C. the court below by the impugned order directed that the complaint case being ST case No. 188 of 2022 be merged with ST Case no. 193 of 2022 arising out of police challan, as if both the cases have been instituted on a police report and he further held that after the merger, the complaint case will loose its identity and separate existence and he further held that the document in the complaint case for the prosecution will become part and parcel of the case instituted on police report and will be considered in evidence in the sessions trial, arising out of police report to prove or disprove the same.

3. Before going to further details it is required to reproduce the allegation levelled against the present petitioner Pratap Karmakar and the other accused persons in the complaint case as well in the police case. The FIR maker in the above mentioned sessions case arising out of police challan made the following allegation:-

Sub:- complaint against the Pratap Karmakar and other involved persons.

Sir,

With due respect I Raj Kumar Mahato (52) S/O Lt. Shyama Pada Mahato of 84 Dharmatala Road. PS Malipanchgora, Howrah would like to draw your kind attention that today(20/07/22) at around 08:20 hours it came to my knowledge that my cousin Sukumar Chowdhury(51) S/O lt. Dinanath Chowdhury of 84, Dharmatala Road PS-Malipanchghora, Howrah got suddenly ill after intake or consuming Alcohol which he bought form the rented house of one Pratap Karmakar situated at 112/113/ Dharmatala Road, Gajanan Basti, PS-Malipanchghora, Howrah. Immediately he was shifted to Howrah District Hospital for medical treatment where the attending doctor declared him death. It has shocked me when I came to hear that not only my cousin, also some other inhabitant of the locality were also found sick and expired consumption of such an alcohol. It has come to be known that Pratap Karmakar manufactured, adulterated and sold the country spirit that caused the death of my cousin Sukumar Choudhury and others in his rented house which was put on rent by Mantosh Rai S/O Ram Balak Rai of 112/113/7 Dharmatala Road, Gajanan Basti Malipanchghora Howrah.

Under the fact and circumstances, I request your good self to treat my complaint as FIR against Pratap Karmakar and other associates and take strong against culprits.

4. Side by side in the complaint case the prosecution report is as follows:-

SI SL No.-107/22-23 dt-20.07.22

Places searched in order of search 1:-

Searched & recovered from the illicit den for selling of liquor situated at Gajanan Slum area, PS-Malipanchghora, Dist-howrah, where from death of 09(nine) people occurred on 20.07.22 for consuming suspected spurious liquor & reported in the premise is owne