Calcutta High Court ordered to suspend Chapra SI for breaching service rules, initiate action under Anti-Corruption Act

Calcutta High Court ordered to suspend Chapra SI for breaching service rules, initiate action under Anti-Corruption Act

Biswabrata Goswami

KRISHNAGAR, 3 SEP: The Calcutta High Court has issued an order instructing the Director General of Police to suspend a sub-inspector posted in Chapra police station under Krishnagar Police District in Nadia for breaching service rules.

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The two judges Joymalya Bagchi and Ajay Kumar Gupta have also ordered the DGP and IGP to take appropriate disciplinary proceeding against the SI under the Anti-Corruption Act.

The sub-inspector, Chandan Saha (who is currently posted in Tehatta police station) had demanded Rs 1 lakh as bribe from the family members of a football player named Dabir Halsana, against whom two separate theft cases were lodged with the Chapra police station. Saha had also promised not to take further action against Halsana and to resolve the cases lodged against him, if he paid the money, he demanded.

Saha also threatened the family members and Saddam, brother of Dabir Halsana, of dire consequences if they failed to pay the bribe on time. He had threatened to attach him in a ganja case if he did not pay the money.

Saddam’s wife Nishina Khatoon alleged the accused police officer raided her house when Saddam informed him that it was impossible to pay money to him. The police officer, Saha in the name of investigation has taken away all valuable documents including the original documents of Aadhar cards, voter cards, ration cards, property documents and even the original receipt copies of ornament loans. During the raid, he even vandalized her house, she alleged.

She also alleged that the police officer threatened her if they do not give the bribe amount to him, he will not return the documents to them.

The accused police officer also conducted raids in the houses of their relatives and threatened them to pay the amount to him which he demanded.

Worried on the malpractices in the name of police action, the Halsana family filed a writ petition in the Calcutta High Court against Saha alleging that Saha had demanded Rs 1 lakh as bribe from them. They also submitted a call-recording of conversation between Saha and Saddam where it was heard that Saha was demanding bribe.

The Hummingbird News had first highlighted the news and carried three consecutive series regarding this matter. Even, its YouTube channel had first highlighted the recorded conversation between Saha and Saddam following which SP, Krishnagar PD took action and closed him in the police line.

In the meantime, the defence lawyers submitted a bail petition in the High Court under section 439 of the Code of Criminal Procedure in connection with Chapra P.S case no. 349 of 2021 dated 25.8.2021 under sections 21(c)/23 of the NDPS Act.

In the NDPS case, it was mentioned that 48 and 38 bottles of phensedyl syrup were seized from the houses of the two accused persons (Dabir Halsana and Kamarul Mondol) on 25 August 2021.  

But, it was argued that FIR was belatedly forwarded to the jurisdictional court on 27.8.2021 along with prayer to show the petitioners arrested in this case. This exposes the falsehood of the allegation of recovery of narcotics, the defence lawyer argued, said Sumanta Das, defence lawyer, HC.

The court after hearing pleas and checking documents, instructed the Additional Director General of Police, CID to conduct a probe into this matter on 3. 8. 2022.

On 31 August, the HC observed that “materials collected in the course of enquiry by the superior police officer prima facie disclose ingredients of offences punishable under the Prevention of Corruption Act as well as extortion under the Penal Code.”

“Preliminary enquiry conducted by the superior police officer prima facie implicates S.I Chandan Saha. Hence, we direct the Additional Director General, CID to register a FIR against S.I Chandan Saha for commission of offences punishable under the Prevention of Corruption Act as well as under the Penal Code. Investigation of the said case shall be conducted by a police officer attached to the 1 (2014) 2 SCC 1 6 CID department not lower than the rank of Superintendent of Police.

“As the conduct of the police officer also appears to be in breach of service rules, Director General and Inspector General of Police is directed to initiate appropriate disciplinary proceeding against him and to suspend him pending such proceeding,” the court said.

The High Court also ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, Krishnagar, Nadia on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

Accordingly, the special court, NDPS in Krishnagar has granted bail to Kamarul Mondol while Dabir Halsana is likely to get bail tomorrow, said Biswadeb Tamta, a defence lawyer in Krishnagar District Judge’s Court.

Tags: #CalcuttaHighCourt #Chapra #NDPS #Suspension #JoymalyaBagchi #ChandanSaha

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