Authority: High Court at Calcutta, Criminal Revisional Jurisdiction
Order Date: 03 September 2026
Case Overview
- Petitioner: Animesh Kumar Dey (owner of “Shibam Stationery Shop”) vs. State of West Bengal & another party.
- Criminal Revisional application C.R.R. No. 2884 of 2024 filed to quash proceeding G.R. Case No. 1750 of 2023, originating from Arambagh Police Station Case No. 381/2023 under IPC Sections 188, 285, 286 and West Bengal Fire Services Act Section 24.
- Facts: On 11 November 2023, police received a tip that the petitioner was illegally selling sound‑crackers and fireworks from the shop at Kayettala, Gourhati, Arambagh PS. A raid (20:45‑22:15 hrs) seized 35 kg of prohibited crackers as per the seizure list.
- Petitioner’s counsel argued he was merely a staff member, that the crackers were “green” (permissible) and that he held no licence.
- State counsel produced the case diary and charge sheet No. 386/23 dated 30 Nov 2023, establishing a prima facie case against the petitioner.
- The Court examined the diary, seizure list, and statements, concluding that the FIR disclosed a cognizable offence and that the petitioner is the owner of the shop, satisfying the elements of the offences.
Final Outcome
- The revisional application C.R.R. No. 2884/2024 is dismissed; any connected applications are also disposed of.
- The Additional Chief Judicial Magistrate at Arambagh is directed to expedite the trial proceedings.
- Interim order, if any, is vacated.
- The case diary, if any, is to be returned to the State’s counsel.
- A certified copy of the judgment shall be forwarded to the learned trial court and made available on the court’s official website.
Topics: Court Proceedings, Fireworks Regulation