ED Moves Calcutta High Court Seeking To Transfer Investigation In Cases Arising Out Of ₹10,000 Crore Ration Scam From State Police To CBI

The Enforcement Directorate has moved the Calcutta High Court seeking to transfer all cases involving the Rs 10,000 crore ration scam being investigated by the State police to the CBI.

Notably, last month, while investigating the ration scam, officers of the ED were attacked when they were going to Sandeshkhali to raid the premises of local political leader Shahjahan Sheikh, who was one of the accused in the scam. The HC had also constituted an SIT to investigate the attacks. 

Upon hearing the plea, a single bench of Justice Jay Sengupta observed:

Here, it appears that out of the six criminal cases referred to by the petitioner, in five cases charge-sheets have been submitted and in one case, a final report has been submitted praying for exoneration of the accused. The matter needs to be heard at length. Opposition, if any, be filed within a fortnight from this date. The same shall disclose other criminal cases,

It was submitted by the ED that it was investigating certain cases arising out of FIRs which were being investigated by the State police, pertaining to the public distribution system/ration scam amounting to almost Rs 10,000 crores in West Bengal.

It was submitted that out of the 10,000 crores, 2,000 crores had been sent to Dubai by illegal means, and a very influential political entity belonging to the ruling disposition was arrested along with an accomplice, leading to the discovery of the siphoning of funds.

ED submitted that it apprehended that the State police would damage the original FIRs, in order to render the ECIRs being investigated by the ED irrelevant. 

The ED asked for the details of all similar cases and FIRs registered in West Bengal, so that steps may be taken, and that since politically influential people were involved in the scam, it would be necessary for further investigation to be handed over to the CBI. 

Counsel for the State denied the allegations and submitted that the State would need to file an opposition in this regard, as it was doubtful whether one investigating agency could ask for the transfer of investigation to another investigating agency. 

The very fact that in five out of six cases made by the petitioner, charge-sheets have been submitted shows that the State was serious about investigating the cases. There is no need to pass any interim order at this stage, it was submitted.

Court noted that it had earlier asked for investigations to be transferred from the State police to central investigation agencies and that the State had been investigating the cases mentioned by the ED.

In observing that the matter needed to be heard at length, the Court listed the matter for further hearing on 5th March 2024.

Case: The Directorate of Enforcement v The State of West Bengal and others

Case No: WPA 1892 of 2024

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