Calcutta High Court Quashes Criminal Proceedings Against Daily-Wage Labourer In ₹15.96 Lakh Cash Seizure Case Over Theft Allegation

The Calcutta High Court recently quashed the criminal proceedings against Sk. Enamul Hossain, a daily-wage labourer, in a case registered by Datan Police Station, Paschim Medinipur under Sections 379/411/34 IPC for alleged possession of stolen cash amounting to Rs. 15,96,000/-.

The petitioner had been arrested after the cash was found in a Bolero vehicle, but he claimed that the money was handed over to him by his cousin, Sk. Nur Alam, for the purpose of sending it to his father for constructing a house. Nur Alam later claimed ownership of the amount and was also arraigned as an accused.

The Court observed that the essential ingredients of theft under Section 379 IPC—dishonest intention and taking property without consent—were absent. Similarly, the elements for Section 411 IPC (dishonestly receiving stolen property) were not made out, as the cash was not proven to be stolen and the petitioner did not possess it dishonestly.

The Court further noted procedural lapses, including delayed communication to the Income Tax Department regarding the seized cash.

Applying the principles laid down in State of Haryana v. Bhajanlal (1992) and subsequent judgments, the Court concluded that prima facie, no offence was made out against the petitioner.

Case: SK. ENAMUL HOSSAIN VS THE STATE OF WEST BENGAL

Case No: CRR 3088 OF 2023

Click here to read order