Sumona De Proprietor M/S Sk Trading Co vs. State Of West Bengal And Ors.
Original PDF →Facts
The petitioners, including Somona De, Proprietor of M/s. SK Trading Co., filed multiple writ petitions and applications before the High Court. These petitions appear to be related to a "serious scam causing loss to the State Revenue" and "fraud committed against this High Court." The State, represented by the Additional Government Pleader, submitted investigation progress reports from the Commissioner of Police, Kolkata, and the Additional Director General of Police, CID, West Bengal. The Court perused these reports, finding the investigation and steps taken satisfactory. The Court noted the seriousness of the offense, involving fake companies and fake cases filed before the High Court, leading to significant loss to State revenue.
Held
The Court found the investigation progress reports filed by the Commissioner of Police, Kolkata, and the Additional Director General of Police, CID, West Bengal, to be "quite satisfactory." The Court acknowledged the seriousness of the "scam causing loss to the State Revenue" and the "fraud committed against this High Court." The Court expressed satisfaction with the job done by the Kolkata police and the West Bengal police, expecting an "expeditious investigation" to continue until its "final conclusion" and offenders are punished. The Court directed that the investigation would be monitored by the Commissioner of Police, Kolkata, and the Additional Director General of Police, CID, West Bengal. The teams constituted by them are to submit monthly reports to their respective superiors until the investigation is complete, and the team will update them until the trial is completed. The two reports filed in court were ordered to be kept with the record. The writ petitions and applications were disposed of with these observations and directions.
Key Issues
1. Whether the investigation into the alleged GST revenue scam, involving the creation of fake companies and filing of fraudulent cases before the High Court, is being conducted satisfactorily by the police authorities. (Mixed question of law and fact) Petitioner's Argument: The judgment does not record any specific arguments made by the petitioner regarding the investigation's progress or the underlying scam. The focus appears to be on the Court's monitoring of the investigation. Revenue/State's Argument: The State, through the Additional Government Pleader, submitted investigation progress reports from the Commissioner of Police, Kolkata, and the Additional Director General of Police, CID, West Bengal. The State's implicit argument is that the investigation is proceeding appropriately and that the Court should be satisfied with the steps taken.
AI-generated summary — verify with the full judgment below
2024 PB Sl. No.2 to 5. WPA 16929 of 2022 with CAN 1 of 2022 with WPA 16357 of 2022 with CAN 1 of 2024 with WPA 16358 of 2022 with WPA 16925 of 2022 Somona De, Proprietor of M/s. SK Trading Co. Vs The State of West Bengal & Ors. Mr. Lokesh Sharma. … For the Petitioner. Mr. A. Ray, Mr. T. M. Siddiqui, Mr. T. Chakraborty, Mr. S. Sanyal. …….for the State. Investigation progress reports filed by the Commissioner of Police, Kolkata, and the Additional Director General of Police, CID, West Bengal, through Mr. Siddiqui, learned Additional Government Pleader be kept with the record. I have perused the aforesaid investigation progress reports and found the same quite satisfactory so far as investigation and steps taken in such a serious scam causing loss to the State Revenue and the fraud committed against this High Court. The job of Kolkata police and the West Bengal
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conclusion and the offenders are punished in accordance with law so that a message should go to the society that this type of criminal offence GST revenue and even going to the extent of creating fake companies and filing fake cases before the High Court causing huge loss to the State revenue will not be easier in future and no one involve whether directly or indirectly in this State revenue scam will go unpunished. It is directed that investigation in question will be monitored by the Commissioner of Police, Kolkata, and the Additional Director General of Police, CID, West Bengal, and the team constituted by them shall submit the monthly report to them till the investigation is complete in all respect and the team will update them till the trial is completed. Both the reports filed in Court be kept with the record. With this observations and directions, these writ petitions and the applications are disposed of. ( Md. Nizamuddin, J.)
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Reproduced from the public record of the Calcutta High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.