Kolkata, Aug 20 The Calcutta High Court on Thursday dismissed a petition by alleged illegal sand and stone trader Tulu Mondal, seeking quashing of an FIR against him in connection with a recent seizure of nearly Rs 50 crore in cash and gold in West Bengal's Birbhum district.
Justice Saugata Bhattacharyya noted that Mondal left the country on May 23, "which does not instil confidence in the mind of this court."
Dismissing Mondal's petition seeking that criminal proceedings against him with regard to the recovery be quashed, the court directed the police authorities to investigate the case in accordance with law.
When Mondal's counsel claimed that he was not present during the search and seizure operation on July 29, the court noted that he left the country on May 23.
Asked by the court why Mondal left the country, his lawyer stated that he had gone to "roam around."
The court directed that a separate criminal revision application by Mondal challenging the Suri court's proclamation of him as an offender will be taken up for further consideration on August 27.
The court noted that materials suspected to be proceeds of crime were recovered from the residence of a relative of Mondal, based on which an investigation is going on, maintaining that the probe is at a nascent stage.
Justice Bhattacharyya said the issue which requires consideration is incorporation of section 111 (Organised crime) of BNS against Mondal.
The court noted that the state claimed two chargesheets were filed against Mondal on August 4 in connection with other crimes.
The requirement for incorporation of section 111 of BNS is that the accused must be chargesheeted in the last 10 years in more than one offence where the punishment is above three years.
Senior advocate Dushyant Dave, appearing for Mondal, stated that attachment of his client's property was occurring pursuant to a Suri court declaring him a proclaimed offender on a prayer by the police.
A non-bailable warrant was also issued earlier by the court against Mondal.
Gold bars and cash to the tune of nearly Rs 50 crore were recovered from the residence of Mondal's brother-in-law Minar Mondal in a search and seizure operation on July 29.
Minar, who was arrested, recorded a confessional statement at the police station and an FIR was drawn up following that.
Dave claimed that the entry into the house, search and seizure were done based on a general diary recording, to which the court said there is no bar under BNSS on search and seizure before registration of an FIR.
Dave stated that possession of gold and cash is not an offence under the law, asserting that if at all, it is an offence under the Income Tax Act.
Claiming that possession of cash beyond known sources of income is not a scheduled offence and it is for the IT authorities to investigate and not the police.
Justice Bhattacharyya asked whether a "man of ordinary prudence" keeps so much cash or gold in a cupboard, from where these were recovered.
Dave stated that there are certain businesses conducted on cash transactions, like selling country liquor, maintaining that small transactions in mining operations are also done in cash.
Seeking quashing of criminal proceedings against Mondal, his lawyer stated that Section 111 (Organised crime) of BNS has been invoked against him, maintaining that this cannot be done.
He claimed that for the invocation of Section 111, certain charge sheets must be filed six months prior, which were not followed in this case and thus the section cannot be invoked against Mondal.
Dave questioned on whose information the police came to Minar Mondal's house and made a forced entry for the search and seizure operation.
Tulu Mondal was accused by the police of illegal sand mining, claiming the recovered assets were proceeds from that crime.
Dave stated that the FIR against Mondal regarding the seizure was registered after he left India.
Opposing the prayer, Advocate General Surojit Nath Mitra stated that the investigation is at a nascent stage and that Section 111 of BNS can be invoked given the magnitude of crime.
The AG submitted a report claiming that alleged illegal stone mining by Mondal was causing a huge loss of revenue for the state government.
Describing Mondal as a "sand mafia", who also allegedly deals in stone quarries and their transportation in Birbhum district, Chief Minister Suvendu Adhikari had said in a social media post following the seizures that "Vigilance and uncompromising action will continue. Crackdown on mafia syndicates will go on."
