Sekh Abdul Latif vs Susanta Bhattacharya & Anr
2023 Latest Caselaw 2591 Cal

Form J(1)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                             Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                       C.R.R. 1250 of 2023
                       Sekh Abdul Latif
                              Vs.
                  Susanta Bhattacharya & Anr.

For the petitioner     : Mr. Rajdeep Mazumder, Adv.
                         Mr. Moyukh Mukherjee, Adv.
                         Mr. Pritam Roy, Adv.
                         Mr. Soewel Bhattacharjee, Adv.

Heard on               : 17.04.2023.

Judgment On            : 17.04.2023.

Bibek Chaudhuri, J.

Indisputably, the accused/petitioner is an accused as per

supplementary charge-sheet in connection with Special CBI Case

No.01/2021 under Sections 7/11/12 of the Prevention of Corruption

Act.

The petitioner is aggrieved by an order dated 23.09.2022

passed by the learned Judge Special (CBI) Court, Asansol issuing

warrant of arrest against the accused on the following grounds:-

1. The principal accused, namely Enamul Haque was enlarged

on bail by the Apex Court in connection with this case;

2. Initially petitioner was served with a notice under Section

160 of the Code of Criminal Procedure by the Investigating

Officer of the case directing him to produce some documents

which he duly complied;

3. Warrant of arrest was issued against the accused in violation

of the principles of the Apex Court in Inder Mohan

Goswami Vs. State of Uttaranchal, (2007) 12 SCC 1,

Aman Preet Singh Vs. CBI, (2021) SCC online SC 941

and Siddharth Vs. State of UP & Anr, (2022) 1 SCC

676.;

4. When the accused cooperated with the investigation, on

submission of charge sheet the Court should issue summons

upon him directing his appearance.

The above mentioned case under the Prevention of Corruption

Act is commonly known as cattle smuggling case involving hundreds

of crores of rupees. The petitioner did not surrender before the Court

after filing charge-sheet voluntarily. The learned Trial Judge uses his

discretionary power on overall consideration of the case.

It is strongly submitted by the learned Advocate for the

petitioner that in Satender Kumar Antil Vs. Central Bureau of

Investigation & Anr, (2022) 10 SCC 51, the offence under which

charge-sheet has been filed falls within the category-A offence and

the Court is under obligation to first issue summons upon the

accused. On his failure to issue summon, the Court will issue bailable

warrant if the accused does not appear on the strength of bailable

warrant, only then non-bailable warrant can be issued.

This Court is perfectly aware of the direction made by the

Hon'ble Supreme Court in Satender Kumar Antil (supra).

However, there is an exception in relation to heinous offences having

serious ramification on the economy of the Country. I have already

recorded that the case pending before the Trial Court is commonly

known as cattle smuggling case. Crores and crores of money were

smuggled by illegally sending the cattles to foreign Countries.

Therefore, this Court does not find any ground for admission of

the instant revision.

Accordingly, the instant revision is rejected.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.07.

D/L.