Md. Abdul Goffur Sardar vs The State Of West Bengal & Anr
2022 Latest Caselaw 4117 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                             Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                       C.R.R. 2226 of 2022
                    Md. Abdul Goffur Sardar
                              Vs.
                The State of West Bengal & Anr.

For the petitioner     :   Mr. Bibaswan Bhattacharya, Adv.
                           Mr. Sahid Uddin Ahmed, Adv.
                           Mr.Anupam Bar, Adv.


Heard on               : 11.07.2022

Judgment On            : 11.07.2022.

Bibek Chaudhuri, J.

The petitioner being one of the accused in G.R. Case No.2566

of 2020 pending before the learned Chief Judicial Magistrate,

Krishnagar at Nadia under Sections 420/466/468/471/472/34 of the

Indian Penal Code arising out of Kotwali Police Station Case

No.688/2019 dated 1st October, 2019. Opposite party No.2, one Sujit

Halsana, being Inspector of Drugs, has lodged a written complaint,

stating, inter alia, that one Sujit Pal and Pritam Dutta being the

partner of M/s. Kalibalya Pharmacy at Badkulla, village Badkullagagan

Babu Bazar, Taherpur, Nadia made an online application for retail

drug licence where the petitioners were shown as Pharmacist. Along

with the application, the applicants uploaded an affidavit duly sworn

by the present petitioner before the learned Chief Judicial Magistrate,

Alipore declaring himself as a Pharmacist.

The authenticity of the said affidavit shall enquire into and it

was unearth. No such affidavit was sworn before the learned Chief

Judicial Magistrate at Alipore on 4th July, 2019.

It is pleaded by the petitioner that the petitioner is a licence

Pharmacist and no false affidavit was sworn by him. Therefore,

charge-sheet was mala fide .

On perusal of the materials on record and having heard the

learned Advocate for the petitioner, it appears that the learned Chief

Judicial Magistrate, Alipore has informed that no affidavit was sworn

by the petitioner on 4th July, 2019 and signature and seal of the Court

were not the actual seal and signature of the Court. It is prima facie

found that the said affidavit was forged. Therefore, I do not find any

reason to quash the instant criminal revision.

The revisional application is summarily dismissed.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.101.

M/L.