- (1.) In this writ application the writ petitioners who are the charge sheeted accused persons in connection with Case No. GR/1151 of 2000 arose out of reference section E/D.D. Case No. 204 dated 5th June, 2000 under sections 120B/188/467/468/471 IPC and 9(B)(l)(a)(b) of Indian Explosive Act have challenged the charge sheet No. 170 of 2000 dated 27th July. 2000 as submitted by the Investigating Officer under section 173 of the Code of Criminal Procedure and under sections 120B/188/467/468/471 IPC and thereby prayed for the following reliefs: "(b) A writ and/or order or orders and/or direction in the nature of Mtindamus commanding the Respondents whether by themselves or through their servants, subordinates, agents and/or transferees to desist from the mala fide and malicious investigation, and not to take any step or further steps in pursuance thereto in connection with section E, Case No. 204 dated June 5, 2000 corresponding to G.R. Case No. 1151 pending on the file of the learned 8th Metropolitan Magistrate, Calcutta; (c) A writ and/or order or orders and/or directions in the nature of a writ of Certiorari commanding the respondent whether by themselves or through their servants, subordinates, agents, and/ or transferees to certify to this Hon'ble Court all the records of the case i.e. section-E, Case No. 204 dated June 5, 2000 and G.R. Case No. 1151 of 2000 pending on the file of the learned 8th Metropolitan Magistrate, Calcutta so that conscionable justice may be done by quashing the same; (d) A writ and/or order or orders and/or directions in the nature of Mandamus commanding the Respondents whether by themselves or through their servants, subordinates, agents and/or transferees not to give any effect to the orders dated June 8, June 13, July 27, 2000 passed by the learned Additional Chief Metropolitan Magistrate, Calcutta and Order dated July 27, 2000 passed by the learned 8th Metropolitan Magistrate, Calcutta and to the charge sheet dated July 27. 2000. In G.R. Case No. 1151 of 2000 arising out of section-E, Case No. 204 dated June 5, 2000; (e) An order or direction upon the 8th Metropolitan Magistrate. Calcutta, not to proceed with and/or give effect to and/or take any other action on the basis of the purported investigation, charge sheet and taking of the cognizance by him; (f) Rule Nisi in terms of prayers b, c, d and e above;"
(2.) This writ application has been opposed by the State respondents including the Investigating Officer of this case. It is the case of the writ petitioners who are two in numbers that they are brothers and engaged in the business of transportation of goods in partnership under the name and style "New Haryana Transport Company", whose administrative office is situated at 10, Phears Lane, Calcutta - 12 and godowns booking centers in Calcutta are located at 155C, Mahatma Gandhi Road, Calcutta-7; 34 Jotindra Mohan Avenue, Calcutta-6 and 28, B.T. Road, Calcutta - 2 and in addition to that 35 branch office and booking centers cum godowns are situated in various places all over the country. The firm is engaged in carrying the goods of different Governments and Government undertakings and of different Government Authorities including the goods of different corporate houses, which are detailed in paragraph 5 and 6 of the writ application.
(3.) On 5th June. 2000 some persons attached to the office of the Bomb Disposal Squad, Detective Department, Calcutta Police having their office at Lalbazar, Calcutta, raided the godown of the firm situated at 155C, Mahatma Gandhi Road, Calcutta - 6 and seized 35 sealed cartoons allegedly containing "prohibited" firecrackers and thereby arrested one Sri Suresh Kumar Joshi, a staff of the godown on alleged commission of offence punishable under section 9B(l)(b) of the Explosives Act read with section 188 of the Indian Penal Code. Initially, Jorasanko Police Station Case No. 204 dated 5th June, 2000 under section 9B(l)(b) of the Explosives Act, 1884 read with section 188 of the Indian Penal Code was started on the basis of the information of one Sri S.C. Sarkar, Sub Inspector of Police attached with Bomb Disposal Squad, Detective Department, Calcutta. Subsequently on the application praying addition of charges under sections 120B/467/468/471 IPC and 9B(1)(a) of Indian Explosives Act as submitted before the learned Court of Additional Chief Metropolitan Magistrate, Calcutta, such prayer was allowed. Ultimately on investigation by the Investigating Authority, the charge sheet was submitted under the aforesaid section as already referred to. The said charge sheet is under challenge.;