Vehicle Seizure: Calcutta High Court Transfers Case To CID After Owner Produces Recording Alleging Police Officers Were ‘Fixing Bribe Rates’

The Calcutta High Court has transferred a case relating to alleged illegal seizure of a goods carrier by the West Bengal Police to the State's Crime Investigation Department (“CID”), after a clip was played in Court showing recordings of police officers asking for bribe from truck drivers to allow passage through certain police stations in North Dinajpur.

The petitioner, whose truck had been seized by the police officials, had placed the aforesaid recording on record, alleging that the police officers were attempting to extort him, and as a result, seized his vehicle.

State submitted that while the contents of the recording had to be verified, the petitioner’s trucks ‘challans’ had been sent to the appropriate authority for verification.

While acknowledging that the veracity of the petitioner’s claims would have to be forensically verified, a single-bench of Justice Jay Sengupta observed:

A pen drive containing alleged audio conversations with police officers regarding fixing rates of bribes for giving passage through certain police stations, as filed on behalf of the petitioner, is taken on record. It is true that the veracity of these conversations have to be checked and necessary forensic tests have to be undertaken in this regard. However, if the allegations made by the petitioner are true, then it reflects poorly on the state of affairs. The truck that was seized has already been released by an order of Court. In the interest of justice, the investigation of the case be immediately transferred to the CID.

Accordingly, the CID was directed to conduct the investigation headed by an officer not below the rank of Special Superintendent of Police.

The Bench further held that FIRs may be registered against those police officers who are found guilty of the alleged wrongdoings.

It concluded by directing the CID to place its report on the recordings played in Court as well as the ‘challans’ submitted by the petitioner on the adjourned date of 17^th November.

Case: Majid Shekh -vs- State of West Bengal & ors.

Case No: WPA 22414 of 2023

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