SRI SWAPAN SAHA v. THE STATE OF TRIPURA HON''BLE MR JUSTICE S.C.DAS The three bail applications, a

Legal Reasoning

Party Name : SRI SWAPAN SAHA Vs THE STATE OF TRIPURA HON''BLE MR JUSTICE S.C.DAS The three bail applications, above mentioned, filed by the different petitioners since relates to one and only police case i.e. West Agartala P.S. Case No. 128/13, registered under Sections 420/406/34 of IPC, now under investigation, as submitted by learned senior counsel, Mr. A.K. Bhowmik for the petitioners and learned Additional P.P., Mr. A. Ghosh for the State- respondent are taken up together for hearing and disposal. Case diary is produced by learned Additional P.P. Perused the case diary. Heard learned senior counsel, Mr. A.K. Bhowmik for the petitioners and learned Additional P.P., Mr. A. Ghosh for the State-respondents. One Ashis Das, Development Officer of Small Savings, Group Insurance & Institutional Finance, Sadar, West Tripura lodged an FIR before the O.C., West Agartala P.S. on 08.05.2013 alleging inter alia that a company in the name and style, “Jivan Sambridhi Medical Marketing Limited” obtained a trade license from Agartala Municipal Corporation (for short AMC) intending to carryout medicinal wholesale business. But subsequently, the organization started collecting cash deposit from the public by sale of preference shares and debentures for which the organization had no legitimate document. On 08.05.2013, the informant along with other executive officers and authorities made an inspection in the office of the Company at Badurtali Lane, Agartala and the officials of the Company, who were present there in the office, could not show any valid document in support of their carrying out business of their cash deposits. The informant, in course of inspection, found that the organization has been dealing with financial transactions and business by way of collected deposits from people in the name of Altruistic Agro Food Processing Ltd. and Altruistic Realty Development Ltd. etc. saying it to be subsidiaries of Jivan Sambridhi Medical Marketing Ltd. The officials of the Company in course of the investigation, further found that the Company in lieu of carrying out of medicinal wholesale business were dealing with product-linked chain-business and in course thereof collected cash deposits by way of installments from public through agents engaged by the organization. It is alleged in the F.I.R that the company brought out leaflets, pamphlets and booklets promising abnormal high interests even leading to ten fold enhancement of deposits in 13 years violating the RBI Rules and Regulations as well as violating the provisions of The Tripura Protection of Interests of Depositors (in Financial Establishments) Act, 2000. The petitioners were named in the F.I.R as the officials of the company. Learned counsel, Mr. Bhowmik, appearing on behalf of the petitioners has submitted that Ramu Datta, the petitioner of A.B. No. 65 of 2013 was employed as a clerk of the company and he was simply doing the job in the office and was not involved in collection of any deposit in any manner from any person. Swapan Saha, the petitioner of A.B. No. 70 of 2013 was working as a supervisor in the Food Processing Unit of the company on a monthly salary of Rs. 3,500/- with effect from 1st February, 2012. Chitta Debnath, the petitioner of A.B. No. 71 of 2013 was working as a peon in the office. The petitioners being poor unemployed joined the office of the company as a paid employee and they knew nothing about the company’s business policy or other affairs and would used to work in the office of the company under the supervision of the Directors. They had no hand in the day to day affairs of the company regarding its business but, they have been named in the F.I.R since the officials in course of inspection, found them present in the office. There is nothing incriminating against them and so, all the petitioners may be released on bail, in the event of their arrest. It is further contended by learned senior counsel, Mr. Bhowmik that considering the case that the petitioner Ramu Datta was simply a clerk of the company, his bail application was considered by this Court on 31.05.2013 and it has been fixed today for production of case diary by the State-respondent and there is nothing to show by the State-respondent that whatever stated by the petitioner about the nature of his job in the company was incorrect. Learned Additional P.P., Mr. Ghosh has fairly submitted that the allegation is against the company and it is Management. The company is involved in fraudulent collection of cash deposits from public assuring abnormal high interest in contravention of the provision of Reserve Bank of India Act, SEBI Act as well as in contravention of the provision of The Tripura Protection of Interests of Depositors (In Financial Establishments) Act, 2000 as amended in the year 2011. Regarding the fact that the petitioners are simply poor paid employees i.e. clerk, supervisor or peon etc. has not been disputed by learned Additional P.P. On perusal of the case diary, I find that I.O. has collected materials which show that the company collecting cash deposits from public assuring abnormal benefits but, there is no definite material that the accused-petitioners were involved in collecting the deposits from the public. Fact remains that the accused-petitioners were working as a staff in the office of the company. Under such circumstances while the accused-petitioners were not involved in the management of the company and/or policy making of the company, they cannot be prima facie held responsible for the business of the company at least, at this stage of investigation. So, without entering into the merit of the case, I am of considered opinion that the accused-petitioners being poor paid ordinary staff of the company working in the office, may be allowed to go on bail in the event of their arrest on certain specific terms and conditions. Accordingly, it is hereby ordered that accused-petitioners, Ramu Datta, Swapan Saha and Chitta Debnath be released on bail in the event of their arrest in connection with West Agartala P.S. Case No. 128/13 registered under Section 420/406/34 of IPC on their execution of a bail bond of Rs. 10,000/- (Rupees Ten thousand) each with one surety of the like amount to the satisfaction of the arresting officer or the O.C. of the P.S. as the case may be, on condition that – (i) they should keep themselves available before the I.O., as and when required; (ii) they should cooperate with the investigating agency in all respect; (iii) they should not directly or indirectly interfere with the investigation of the case and influence the witnesses (iv) they should not leave the jurisdiction of Chief Judicial Magistrate, West Tripura, Agartala without previous permission. Ramu Datta, the petitioner of A.B. No. 65 of 2013 appeared before the Court in-person, as per direction of this Court given on 31.05.2013. The bail applications accordingly, stands disposed of. Send a copy of this order to the Court of learned CJM, West Tripura, Agartala and to the Officer-in-charge, of the concerned P.S. through learned Additional P.P. Case diary is returned to learned Additional P.P. Download Date: 8-05-2017 16:05 1/1