S.K.Gupta, J. - (1.) This revisional application has been filed by the petitioner/State praying for transfer of the Mango (Azadnagar) P.S. case No. 38 of 2006 dated 01/2/2006 of the Court of the Chief Metropolitan Magistrate, Jamshedpur to the Court of the Chief Metropolitan Magistrate, Calcutta and to be amalgamated with Bowbazar P.S. case No. 50 dated 31/1/2006.
(2.) Case of the petitioner is that on the basis of the complaint filed by one Aloke Kumar Sarkar, S.I. of Police, attached to Anti-Terrorist Cell, Detective Department, Lalbazar. Bowbazar P.S. Case No. 50 dated 31 / 1/2000 was started against the Petitioner No.1. It was alleged in the said complaint that the petitioner No.1, who is a resident of Jamshedpur in conspiracy with I.S.I, agents of Pakistan and with the members of Lashkar-e-Toiba, a known terrorist organization, for the purpose of waging war against the Government of India and in furtherance of the said common object, the petitioner No. 1 collected arms and ammunitions and man power and he was preparing to create trouble in this country. An information was received that the petitioner No. 1 would come infront of 6, Madan Street, near Majestic Bar. Kolkata for delivering some compact Discs (CD) relating to terrorist activities of Lashkar-e-Toiba to his followers. On the basis of the said information, the complainant and others reached the locality at about 19-45 hours and when the opposite party No.1 came to the spot he was apprehended. On search of his bag, several incriminating articles were recovered and those articles were seized. The opposite party No. 1 was arrested and on the basis of the complaint. Bowbazar P.S. case No. 50 dated 31/1/2006 was started against the opposite party No. 1. While the opposite party No.1 was in police custody, he disclosed that he had received the detonators from New Delhi and had given the same to the opposite party No.2 for keeping the same in safe custody at his residence at Jamshedpur. Pursuant to the said statement of the opposite: party No.1, a team of officers of Kolkata Police reached the residence of the opposite party No.2 at Jamshedpur and on search 16 pieces of detonators and other incriminating articles were recovered and those were seized under a seizure list. Those articles were seized in connection with Bowbazar P.S. case No. 50 dated 31/1/ 2006. But as the detonators were recovered from the residence of the opposite party No.2, so the local police started a separate case being Mango (Azadnagar) P.S. Case No. 38 dated 01/2/2006 under sections 3 and 5 of the Explosive Substance Act. The opposite party No.2 was also shown arrested in connection with Bowbazar P.S. case and the articles were also shown to have been seized in connection with the said case. As the articles were shown seized in connection with Mango (Azadnagar) P.S. case of Jamshedpur and as those were also the alamats of the Bowbazar P.S. case, in order to overcome all the difficulties, a prayer was made before the learned Chief Judicial Magistrate, Jamshedpur for transferring the case of records of Mango (Azadnagar) P.S. case to the Court of learned Metropolitan Magistrate, Kolkata for amalgamation of both the cases and for effective trial. Said application was heard by the learned Magistrate on 10/3/2006 and after hearing both the sides, the learned Magistrate was pleased to observe that the said prayer was not maintainable before that Court as the matter of transferring the case pertaining to transfer of the case from one State to another was not within his jurisdiction. However, liberty was given to the I.O. to pray for such order before the Appropriate Court. As the amalgamation for both the cases are vitally required for the interest of the prosecution and if that is not done then the prosecution case will badly suffer, so this revisional application has been filed on behalf of the State of West Bengal praying for transfer of case: records of Jamshedpur Court to the Court of the Chief Metropolitan Magistrate. Kolkata.
(3.) I have heard Mr. Kazi Safiullah, the learned Public Prosecutor and Mr. Imam, who appeared on behalf of the opposite party No.1. The opposite party No.2 did not contest the application. At the outset, Mr. Imam drew my attention to the fact that it has been stated that the opposite party No.1 was arrested on 31/1/2006 and he was taken to Jamshedpur and pursuant to his statement some incriminating articles including detonators were recovered from the: house of the opposite party No.2 on 01/2/2006. According to Mr. Imam, it is hard to believe this claim of the prosecution as it is not physically possible to recover those articles at Jamshedpur on 01/2/2006 and to produce the accused person in the Court situated at Kolkata on the same day. As such Mr. Imam pointed out that this claim of the prosecution should be disbelieved. As against this Mr. Safiullah, learned Public Prosecutor submits that the opposite party No.1 was arrested in the night of 31/1/2006 and he was taken to Jamshedpur on the same day and in the early morning the seizure was made from the house of the opposite party No.2 and immediately both the opposite parties were taken back to Kolkata and produced before the learned Magistrate. Considering the distance in between Jamshedpur and Kolkata it cannot be said that it is impossible for the prosecution to produce those two accused persons in Kolkala on the same day. But whether the claim of the prosecution is genuine or not is not the subject matter of dispute, so far this hearing is concerned. That is to be taken care of by the learned Court below at the time of trial. As much I pass no comment in this respect.;