Debi Prosad Dey, J. - (1.) Challenge in this application under Section 482 of the Code of Criminal Procedure is the order dated 22nd March, 2017 passed by learned Chief Judicial Magistrate, Malda in connection with Kaliachak police station case no. 636 of 2016 dated 22nd September, 2016 under Section 489B/489C of the Indian Penal Code corresponding to GR case no. 4062 of 2016 with added Section 15(1)(4)(iii)/16 of UAPA Act whereby and where under learned Chief Judicial Magistrate has rejected the prayer for statutory bail of the petitioner. The petitioner was arrested in connection with Kaliachak police station case no. 5 of 2016 dated 03.01.2016 under Sections 147/148/149/323/325/326/332/333/353/186/379/427/435/436/506 of the Indian Penal Code read with Sections 3 and 4 of the PDPP Act and added Sections 411/307/120B of the Indian Penal Code read with Sections 25/27/35 of the Arms Act on 17th September, 2016 without any rhyme or reason and in fact the petitioner was falsely implicated in connection with aforesaid case. However, the petitioner was further implicated in connection with another case under Section 489B and 489C of the Indian Penal Code on 22nd September, 2016 when the petitioner was in police custody on the allegation that Rs.1,45,000/- was recovered from the house of the petitioner. Admittedly, in the dead hours of night the police personnel had been to the house of the petitioner, broke open the padlock of the main gate, entered into the house and thereafter lodged an F.I.R. stating inter alia that Rs.1,45,000/- fake Indian Currency Notes were recovered from the house of the petitioner. On 2nd October, 2016 learned Chief Judicial Magistrate, Malda observed that the investigation of the case being Kaliachak police station case no. 636 of 2016 dated 22nd September, 2016 under Section 489B/489C of the Indian Penal Code was taken over by the C.I.D., West Bengal vide order no. 1215.CS dated 28th September, 2016. Thereafter, obtaining sanction from the Special Superintendent of Police(Operations), Criminal Investigation Department, West Bengal the Investigating Agency submitted prayer for adding the provisions of the unlawful activities (Prevention Act) and the said prayer was allowed by the learned Magistrate. It may be mentioned here that the petitioner was subsequently granted bail in connection with Kaliachak police station case no. 05 of 2016 dated 3rd January, 2016. On 17.12.2016 the investigating agency submitted a prayer for extension of time to complete the investigation and thereby to detain the accused petitioner for 180 days and the said prayer was also allowed by learned Chief Judicial Magistrate. After expiry of 180 days the petitioner filed the application praying for statutory bail but the investigation agency submitted their charge sheet being charge sheet no. 151 of 2017 dated 21st March, 2017 before the learned Chief Judicial Magistrate. Learned Chief Judicial magistrate however did not take cognizance of the said charge sheet but simply rejected the prayer for bail on the ground that charge sheet has been submitted.
(2.) Being aggrieved by the said order this application has been filed for setting aside the said order of learned Chief Judicial Magistrate, Malda and consequently to allow the prayer of the petitioner for statutory bail in view of the settled principle of law.
(3.) Learned senior Counsel Mr. Basu appearing on behalf of the petitioner contended that the investigating agency acted in material illegality in filing such successive applications before the learned Chief Judicial Magistrate, Malda only in order to keep the petitioner behind the bar to feed fat their grudge against the petitioner who is a reputed businessman of the locality. It is submitted that the petitioner was arrested on 17th September, 2017 in connection with Kaliachak police station case no. 05 of 2016 dated 3rd January, 2016 and thereafter the petitioner was taken into police custody. Some interested persons of the locality helped the police in such arrest of the petitioner and thereafter with the help of those persons the house of the petitioner was ransacked in the dead hours of night and some Fake Indian Currency Notes were planted in the house of the petitioner so as to make him liable for having possession of such fake Indian Currency Notes. In connection with the subsequent case being Kaliachak police station case no. 636 of 2016 the petitioner was arrested for the offence under Section 489B/489C of the Indian Penal Code. Learned senior Counsel Mr. Basu further contended that the order for extension of the period of investigation passed by learned Chief Judicial Magistrate is illegal since no such prayer was submitted before the learned Chief Judicial magistrate by the Public Prosecutor but learned Chief Judicial Magistrate considered the prayer of the investigating officer only, which is contrary to law. Learned Advocate Mr. Ayan basu appearing on behalf of the State drew the attention of the Court at page 102 of the application where from it transpired that the Public Prosecutor had filed an application for extending the statutory period from 90 days to 180 days. The order passed by learned Chief Judicial Magistrate may be reproduced below:- "Beyond the accused person a written objection has been filed for political gain he has been kept in J/C. Therefore, he prays for rejection of the prayer of Deputy, S.P., C.I.D, West Bengal. It appears from unlawful Activities(Prevention) Act, 1967 of Section 43-D(b) that if it is not possible for complete the investigation within said period of 90 days the court may if it is satisfied that the report of the Public Prosecutor indicating the progress of investigation and the specific reason for the detention of the accused beyond the said period of 90 days extend the said period upto 180 days. Perused the C.D and material on record. Prayer to add Section 15(1) (a) (iiia)/16(b) of U.A.P. Act, 1967 by the Deputy S.P, C.I.D., West Bengal has already been allowed on 17.12.2016 considering the C.D. It appears from the C.D and material on record that the case is in progress and evidences are forthcoming. And after adding of Sections of U.A.P. Act, 1967 the said investigation was entrusted to Debajyoti Bhowmick, Deputy S.P, C.I.D., West Bengal. It further appears from the record that prayer of T.I. Parade is allowed. The present I.O of this case submits that to investigate the case it required some time for examine the witnesses and trace out, hide out behind the FICH with intend to break down the financial stability of India. So, considering all, I am in view that there is sufficient material indicating progress of investigation and there is sufficient reason to detain the accused person beyond the said period of 90 days. So, prayer of I.O is allowed. Detention of the accused person extended to 180 days.";