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The Calcutta High Court has declined to grant relief to Birbhum-based stone and sand trader Md Nazibuddin Mondal alias Tulu Mondal in connection with the investigation arising out of the seizure of a large amount of cash and gold bars from a property allegedly linked to him.

A single bench of Justice Saugata Bhattacharyya was hearing Mondal's plea challenging the criminal proceedings and questioning the applicability of Section 111 of the Bharatiya Nyaya Sanhita (BNS), which deals with organised crime. The petitioner had challegned the invocation of Section 111 BNS (Organised Crime) against him by the state authorities.

Senior Advocate Dushyant Dave, appearing for Mondal, argued that the allegations essentially concerned an economic or income-tax related issue and could not, merely on the basis of recovery of cash and gold, be converted into a case of organised crime.

Dave questioned the manner in which the alleged recovery and seizure had been carried out and disputed the prosecution's attempt to invoke Section 111 BNS against his client.

He submitted that the nature of the allegations, at best, raised questions relating to the source of the money and other financial issues which could be dealt with under the applicable tax laws. The defence also questioned the discovery and seizure relied upon by the prosecution.

He also stated that Mondal's immoveable properties could not be seized as a part of the investigation.

Court, however, intervened and questioned why Mondal sought to urgently protect his immoveable properties since he was out of station. Dave submitted that it was Mondal's intention to return to the state.

The State opposed the plea and maintained that the case was not merely one concerning unexplained wealth or an income-tax violation.

Appearing for the State, Advocate General Surajit Nath Mitra and Additional Advocate General Billwadal Bhattacharya submitted that the materials disclosed a larger organised criminal activity and justified invocation of Section 111 BNS. 

The State also handed over a sealed envelope containing materials concerning the investigation to the Court. It was argued that the case represented a wider organised criminal operation, rather than a standalone financial or tax dispute.

The court noted that due to the alleged actions of the petitioner, the state government was incurring huge revenue loss, connected to stone mining.

It was also disclosed by the state that from the seized documents, it was found that there were malpractices regarding the issue of duplicate carbon receipts. However, the court did not elaborate further on the material placed before it by the state and directed for the report to be retained in a sealed cover.

After considering the submissions and the materials placed before it, the Court observed that the allegations, prima facie, appeared to disclose an organised crime and that Section 111 BNS would therefore apply.

The Court accordingly declined to grant the relief sought by Mondal. It was also noted that the fact that the petitioner had already left the country on 23rd May, did not instil confidence in the mind of the court.

The case assumes significance against the backdrop of the seizure of substantial quantities of cash and gold during police searches in Birbhum. Police had earlier seized around Rs 28.5 crore in cash and approximately 15 kg of gold from the residence of Mondal's relative, Md Minar Mondal, in Deucha village.

The State has alleged that Mondal was connected with the valuables recovered from the premises and has invoked provisions of the BNS, including Section 111 relating to organised crime.

Mondal had approached the High Court following the seizures and the subsequent investigation, seeking to challenge the criminal proceedings and the steps taken by the authorities against him.

Earlier, the High Court had listed his plea seeking quashing of the FIR for hearing before Justice Bhattacharyya.

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