- (1.) Invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioners, who have been charge- sheeted under Section 17 (A) of the West Bengal Inland Fisheries Act, 1984 in connection with Bhadreswar Police Station Case No. 154/04 corresponding to G.R.No.384/04, now pending before the learned Additional Chief Judicial Magistrate, Chandannagore, Hooghly moved this Court for quashing of the charge-sheet as well as the order of taking cognizance.
(2.) The background facts of the case in a nutshell are as follows: - "On May 31, 2004 Executive Officer, Champdani Municipality lodged a complaint to the Officer-in-Charge, Bhadreswar Police Station against the petitioners alleging that they were illegally filling up the ponds comprising in Plot Nos. 2918,1919 and 2920, Khatian Nos.1105, 1246 and 1614, Ward No.17 of Champdani Municipality." Following lodging of the aforesaid complaint a FIR was recorded and Bhadreswar Police Station Case No. 154/04 was registered under Section 17 (A) of the West Bengal Inland Fisheries Act, 1984 hereinafter referred to as, the "said Act." The police after completion of investigation submitted charge-sheet for the self-same offence. The said charge-sheet is now the subject-matter of challenge in this criminal revision.
(3.) Mr. Tapash Ghosh, the learned Advocate, appearing on behalf of the petitioners sought for quashing of the charge-sheet on the following grounds: - (a) The allegations of filling up of the pond in question is absolutely false and baseless. According to the records of right the relevant plots are bhiti and as such there is no question of filling up of any pond. (b) In terms of provisions of Section 22 of the West Bengal Inland Fisheries Act, 1984 taking cognizance of any offence punishable under the said Act is not permissible except on the complaint made by a Fishery Officer not below the rank of a District Fishery Officer or a police officer not below the rank of Sub-Inspector, but in the instant case complaint was made by the Executive Officer, Champdani Municipality. (c) The tank in question never used as fishery or for pisciculture and as such even if the allegations are true, the penal consequences under the West Bengal Inland Fisheries Act, 1984 does not attract. (d) No notice has been served before launching of the prosecution, in terms of sub-section (10)(a) of Section 17 of the "said Act.";