2 Somnath Chatterjee vs The Officer-In-Charge
2021 Latest Caselaw 3231 Cal

16.6.

     2021                       CRR No. 1162 0f 2021
BR
12                            Somnath Chatterjee
                                       -vs-

The Officer-in-Charge, Excise Barabani Circle and anr.

Mr. Prabir Kumar Mitra, Mr. Pinak Mitra, .. for the petitioner

Mr. Sandip Chakraborty ... for the State

It appears that pursuant to the order dated

February 22, 2021, the petitioner has served a copy of this

revisional application upon the opposite parties and an

affidavit of service has already been filed to that effect.

Learned advocate for the State is present.

No one appears for the opposite party no. 1.

Mr. Prabir Kumar Mitra, learned advocate appears

in support of the revisional application wherein an order of

warrant of arrest dated March 3,2021, issued against the

petitioner by the learned Chief Judicial Magistrate, Paschim

Bardhaman has been challenged. Mr. Mitra submits that

the case has been registered on the basis of a complaint by

the relevant Excise Department and in the complaint

petitioner's name did not figure. The learned Magistrate

ought to have issued summon first before issuance of

warrant of arrest against the petitioner since it was a

complaint case.

In this regard he relies upon a judgment reported at

AIR 2008 SC 251 (Inder Mohan Goswami and another -

vs- State of Uttaranchal ).

It appears from the prayer of the Excise Department

before the learned Magistrate that the petitioner was

served with three consecutive notices under Section 160

of the Code of Criminal Procedure , 1973. Failure on his

part to respond to such notices prompted the relevant

Excise Authority to pray for issuance of warrant of arrest

against the petitioner. Order impugned dated March 3,

2021, reveals that the learned Magistrate proceeded to

issue warrant of arrest against the petitioner without

assigning any specific reason.

Admittedly, the case has been registered as

complaint case. It does not appear that the learned

Magistrate was justified in such circumstances in issuing

warrant of arrest at the first instance without recording

any reason as mandated under Section 68 of the Bengal

Excise Act, 1909.

The order impugned is, therefore, set aside.

Petitioner will surrender before the learned Chief Judicial

Magistrate, Paschim Bardhaman within a period of three

weeks from date and in that event learned Magistrate will

consider his prayer for bail independently, without being

influenced by this order. If the petitioner fails to appear in

terms of this order, the learned Magistrate will be at liberty

to execute the warrant in accordance with law.

CRR No. 1162 of 2021 is disposed of.

All parties are to act on the server copy of this order.

( Kausik Chanda, J. )