Kolkata, The Calcutta High Court on Tuesday dismissed a revisional application filed by alleged illegal sand and stone trader Md Nazibuddin Mondal, better known as Tulu Mondal, against an arrest warrant, and proclamation as a fugitive by a lower court.
Police seized 5 kg of gold bars and over ₹28.53 crore in cash, amounting to a total of nearly ₹50 crore, from the residence of Mondal's alleged associate at Mohammad Bazar in West Bengal's Birbhum district.
Dismissing the application, Justice Saugata Bhattacharyya noted that Mondal left India on May 23 and as such, there was no need to interfere with the orders of the lower court.
A report filed by the police before the high court stated that cash amounting to over ₹28.53 crore and 5 kg of gold bars were seized from the residence of Mondal's alleged associate, who is his relative, and subsequent recovery of massive physical and electronic documents was also made, revealing commission of organised crime.
It also stated that there were subsequent discovery of huge amounts of money in various bank accounts.
{{/usCountry}}It also stated that there were subsequent discovery of huge amounts of money in various bank accounts.
{{/usCountry}}Mondal's lawyer Siddharth Dave made submissions against the non-bailable warrant of arrest dated July 30 issued against him and the subsequent order of proclamation on August 10, which required him to appear before the trial court on September 14.
Both the orders were passed by the additional chief judicial magistrate of Suri court on a criminal case registered at Mohammad Bazar police station in Birbhum district on July 30.
Mondal's lawyer argued that issuance of non-bailable warrant against him on the same day as the registration of FIR was against the provisions of the Bharatiya Nagarik Suraksha Sanhita .
The court noted that Mondal left the country on May 23, much before the criminal prosecution was initiated on July 30.
Justice Bhattacharyya observed that according to provisions of the BNSS, a non-bailable arrest warrant can be issued against any person accused of a non-bailable offence who is evading arrest.
The petitioner's lawyer questioned how it was concluded that he was evading arrest as the arrest warrant was issued on the day of FIR registration.
Justice Bhattacharyya observed that such argument pales into insignificance since it is an admitted fact that Mondal left the country on May 23.
"Had the petitioner been in the country, in that event, a certain exercise was required to be carried out before issuance of warrant of arrest," Justice Bhattacharyya said.
Holding that the court does not find fault in the issuance of an arrest warrant by the ACJM against Mondal since he left the country, Justice Bhattacharyya observed that this was done to facilitate the investigation.
Representing the state, Additional Advocate General Billwadal Bhattacharya opposed Mondal's prayer against the warrant and subsequent proclamation order, claiming that he is a fugitive and accused of running an organised crime syndicate.
The high court had on August 20 dismissed a petition by Mondal seeking quashing of the FIR against him in connection with the seizures of cash and gold.
Describing Mondal as a "sand mafioso" who also allegedly deals in stone quarries in Birbhum district, Chief Minister Suvendu Adhikari had said after the seizures that "vigilance and uncompromising action will continue and crackdown on mafia syndicates will go on."
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