Calcutta HC Quashes FIR Filed Against Driver For Putting ‘On Duty With Food & Supply Department’ Sticker On Truck To Pass Through No Entry Zone

The Calcutta High Court recently quashed proceedings under Sections 419, 420, 467, 471 and 478 of IPC against a truck driver who allegedly affixed the ‘On Duty PDS Food and Supply Department, Government of West Bengal’ board on the front portion of the his vehicle to pass through a no entry zone area, on the ground that the allegations against him do not fall within definitions of the offences.

The single judge bench of Justice Ananya Bandyopadhyay observed that there should be certain mechanism on the part of the traffic police to restrict the vehicles from plying through the ‘no entry zone’ area with such stickers.

A complaint was filed by an ASI, Sadar Traffic, Jalpaiguri dated January 17, 2022 stating that on January 16, 2022 at around 12:50 hrs, he along with two constables noticed two trucks marked with ‘On Duty PDS Food and Supply Department, Government of West Bengal’ boards on the front portion, moving towards Kadamtala no entry zone area.

It was alleged that on inspection, the vehicles were found to be loaded with river bedded materials and on interrogation the drivers confessed to have loaded the truck with sand from Jalpesh river bed under Moinaguri PS to sell the same at Jalpaiguri area, intentionally affixing the board of ‘On Duty PDS Food and Supply Department, Government of West Bengal’ to pass through the no entry zone area taking illegal benefit from the police authority.

The trucks were seized under a proper seizure list in presence of witnesses under Section 102 of the CrPC and the drivers of the vehicles were arrested under Section 441 CrPC vide memo of arrest. A case was registered under Section 419 (Punishment for cheating by personation), Section 420 (Cheating and dishonestly inducing delivery of property), Section 467 (Forgery of valuable security, will, etc.), Section 471 (Using as genuine a forged document or electronic record) and Section 478 (Trade Marks (repealed)) of IPC.

The petitioner filed an application before the High Court under Section 482 of CrPC for quashing the proceedings under the above-mentioned provisions of IPC. The counsel appearing for the petitioner submitted that the act of the petitioner does not constitute any of the offences under said provisions of IPC. It was further submitted any wrongful act to have been committed by the petitioner would be for violation of traffic rules.

It was contended that the complaint did not delineate any incident concerning the petitioner to have deceived any person by impersonation or the petitioner dishonestly induced any person to deliver any property to any person or to destroy any part of the valuable security or to have forged any document or prepared any forged document to transfer the valuable security for the purpose of cheating or fraudulently or dishonestly used any forged document as genuine.

On the other hand, the counsel appearing for the State submitted that the petitioner had entered into the ‘no entry zone’ area with an ulterior motive intentionally affixing a board ‘On Duty PDS Food and Supply Department, Government of West Bengal’ being aware that the sand carried by the lorry did not constitute an essential commodity and accordingly tried to manipulate the traffic authorities for sub serving his ulterior motive.

The Court noted that the allegation against the petitioner was of affixing a sticker on the front portion of the truck which would amount to an unlawful advantage to be recoursed for commuting, which do not fall within definitions of the offences mentioned above.

“It further appears the truck to have been intercepted at a distance ahead of the ‘no entry zone’ area. There should be certain mechanism on the part of the traffic police to restrict the vehicles from plying through the ‘no entry zone’ area with such stickers for availing hassle free communication methodology. In the instant case neither the vehicle nor the sand loaded in it was illegally obtained and transmitted on account of forged documents. The only intention would have been supposedly to violate the ‘no entry zone’ for smooth communication,” said the court, while quashing the proceedings

However, the court said the traffic police must put in place certain procedures to combat any violation of the traffic rules on disguise resulting in unlawful entry and exit into ‘no entry zone’ area. Contraband articles and other illegal commodities may be transferred from one place to another for furtherance of deceptive and disguised pursuits, which will indubitably entail serious consequences, it added.

"Learned Advocate for the State is directed to communicate a copy of this order to the concerned authorities dealing with traffic control of such areas to formulate procedures for compliance by the vehicles with issuance of restrictive passes to such vehicles belonging to exempted category in the estimation of the traffic control authorities to be allowed to pass through the ‘no entry zone’ area as and when required coupled with strict vigilance and stringent action to prevent malpractices," said the court.

Case Title: Jamir Hossain v. The State of West Bengal

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