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... Respondent/OppositeParty/Accused

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HighCourt,

~ CriminalSection,

y Appellate Side:

I./l€ recordsef the Gaseare returnerlpprpwith

By order of the High Court,

The 20 .

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Serial ,I' DateNo.

17.05.201

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Notes and Orders

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C.R.M. No. 13572of 2012

In Re:- An application for anticipatorybail under Section 438 of the Code ofCriminal Procedure filed OQAugust 22ndl2012 in connection with BarasatP.S. Case }Jo. 1096 dated 01.06.2012under Sections 417/420/188/120B IPCread with Section 108 (Hi)of the Central Motor Vehicles Rules, 1989 alongwith Section 177 of the Motor VehiclesAct.

And '

In re: Ravindra Yadav@Robi Yadav ... Petitioner.

Mr. Navanil De ... for the Petitioner.

Mr. Antariksha Basu . .. for the State.

Mr. J. N. Chatterjee ... Amicus Curiae.

On June 1, 2012 at about 12.35 hours, Officer-in-Charge traffic guard

Barasat was monitoring traffic system at Dale Banglow More Bara~at. At that

time he' found one black colour Chevrolet Tavera car was co~ing at high

speed from the side of Madhyamgram and proceeding tov,:ards Dak Banglow

More with a red beacon with flasher fitted at its top. At once the,said Police

Officer and the members of his force became alert to facilitate smooth passing

of the sa\d VIP car but when the car was just crossing them, the police team

noticed ,hugenoise and uproar coming from in~idethe ,car and a few young.

boys there. Since such type of indecent activities inside' a VIP car carrying

dignitaries raised suspicion in their mind, the pQlice officers on duty signalled-,

the,car to stop but the driver of the car.did not obey such signal and tried to

flee away at high speed, but after a hot chase the police officers are able to

intercept the car. On being asked by the police,. the ~river produced his driving

licence but no papers regarding the vehicle. In the meantime the young boys

who were inside the car managed to escape. On being closely interrogated,

the driver disclosed that one Sanjay Shaw of 86/2, Kaji Sukanta Sarani

Notes: Officenotes should be one serial in black inkand judicialorders another in red ink.

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No. of 20

Serial.I' DateNo.

Notes and Orders

Charakdanga Phoolbagan, Kolkata hired the;.car, in the morning from 'the

owner and he fixed the red flasheron the iop to evade police interferenceand

to run smoothly. The said Sanjay Shaw is the main brain behind the same and

his four other associates were also with him. It waS further revealed that one'I

Manmohan Singh is the owner of the car but the car was purchased only in

January 2012 and although the ownership had not changed. he gave on hire

the said car to one Robi.Yadav the proprietor of Balaji Call Centre. The said

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car WB-06/3961fitted with red flasher'light at the top was seized and the

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driver was arrested.

Following the afQresaid incident the Officer-in-Charge Barasat Traffic

Guard lodged a complaint to the. Officer-in-chargeBarasat Police Station

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whereupon Barasat Police Station Case No. 1096/12 under Section

417/420/188/120Bof the IndianPenal Code read with Section 108(iii)of the

Central Motor Vehicles Rules, 1989 and 'under Section 177 of the Mot;r

Vehicles Act has been registered.

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The petitioner Ravindra Yadav apprehending arrest in coruiection with

the said case has applied for anticipatory bail before this Court.

2. 'The learned Counsel appearingon behalf of the petitioner

vehemently contended that the only non-bailable offence involved in this case

is the offence punishable under Section 420 IPC but even without disputing

the correctness of the allegation made in the F:IR, no such offence can be said

to have been made out. Therefore, it is prayed that petitioner's application for

anticipatory bail be considered favourably.

3. On the other hand, the learned Public Prosecutor for the State

contended that on the face of th~ allegation made in the FIR, although no

offence under Section 420 IPC has been made out, but certainly a clear case

, under Section419 IPC and al~othe offencespunishableunder Section 177 of

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Notes: Office notes should be one serial In black ink and judicial orders another in red ink.

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No. ' .of 20.

Serial", DateNo.

Notes and Orders

the Motor Vehicles Act are made au]. He fjJrther submitted although ,the

offence under Section419 IPC is cognizable,the same is a bailable 9ne. He.. ~

then submitted that unauthorized use of red beacon light in privaie vehicles in

the city and in the,different districts ofthi1i State are rampant. Accordingto

him not only on the one hand using and taking advantage of the same, crimes

were committed, but also on the other hand, it his be,come a status symbol for

some persons although they'arenot eligible for that. He further submitted that

even in some cases ~e dignitaries, after their retirement, still shamelessly use- . .

such red beacon light in their vehicles. He yehemently contended the menace

of using unautho~edlr the red beacon light by the high dignitaries and the

persons after their retirementought to be dealt with very seriously and'excel't, I

the persons who are included in the notification issued by the State

Government and Central Government, if any person is found to have used the

s!}!!le,legal action must be taken a,tonce.

During the hearing, on behalf of the State, three separate affidavits were

filed. One on behalf of the Transport Secretary, Government of West Bengal

and two others on b~half of Director General and Inspector General of Police,

Traffic"West Bengal, and Joint Commissioner of Police, Traffic Department,

Kolkata Police.

Going through the a,ffidavitfiled by the Transport Secretary we find

according to the averment milde therein the State Government has issued four

notifications delineating the dignitaries who are eligible to use red light with

flasher and red light without flasher on the top of the..vehicle and car stickers

were provided to them ITomthe Transport bepartment. Apart frOIT;tthat, the

Central Governmenthas also issued a separate notification specifying the

\\

dignitarieswho are so eligible..Any misuse of red light on vehicle warrants

penal action under 'R~le l08(iii) of the Central Motor Vehicles Rules 1989 .

"Jotes : Office notes should be one serial in black ink and Judicial orders another in red Ink.

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No. of 20

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"~a' Form No.6.

Date Notes and Orders

read with Section 177 of the Motor Vehicles Act 1988. The Transp<;>rt

Department has already brought the same to the notice of the police

authorities and insisted for taking prompt legal action against. those

wrongdoers, to kee~ close watch and to conduct regular raid.

The Director General & InSpector General of Police, Traffic, West

.Bengal in his affidavit disclosed that upon receipt of the letter from the

Transport Secretary, Government of West.Bengal issued under his office

memo no. TS-485/3M-118/2001l06date~July 7,2006 as regards the misuse

of red light in the vehicles, the same was communicatedto all quarters for

taking immediate steps against the unauthorised 'use of red beacon lights in the

vehicles. In' his affidavit a list was annexed showing the number of cases

started during last five years for such violation.

In his affidavit the Joint Commissioner of Police, Traffic,. Kolkata

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, !P~li~e disclosed :hat pursuant to the order passed by this Court in connection

with WP No. 2369 (w) of 2006, whichwas a public inte~estlitigationagainst

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unauthorized user of red beacon light on the top of the yehicles, the

notifications containingthe details of the dignitaries eligible for using such .~

beacon. light were published on May 12, 2011 in two daily newspapers,

"Times of India" and t'AnandahazarPatrika". Simultaneouslya similar.

notification was also published in Kolkata Police Gazette dated 26th March,

2011; In the said affidavit a list was annexed containing the number of cases

started for unauthorized use of red. beacon lig~t. It was submitted such

unauthorized use of red beacon lights is not only punishable under Section

177 of the Motor Vehicles Act. the same is also punishable under Section 419

IPC. Those offences are cognizable, bailable and compoundable.

The learned counsel Jayanta Narayan Chatterjee filed a written notes of

/argument and subm"itted in this State there is massive misuse of red beacon

Notes: Offic'e notes should be one serial in black ink and judicial orders another in red ink,

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Serial ,1' DateNo.

\VNo. of 20

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personation, Section417 IPC and Section 419 IPC prescribe pwiishment'for. .J such offences.

The provisions of section' 41? IPC and Section 416 IPC are reproduced

below:

S. 415 IPC: Whoever, by deceiving any person, fraudulently or

dishonestly induces the person so deceived to- deliver any property to anyr

person, or to consent that any person shall retain any property, or.

intentionally induces the person so deceived to do or omit to do anything

which he would not do or omit if he were not so deceived, and which act or

omission cause~ or is likely ~o cause damage or harm to that person in body,

mind, reputation or p.roperty, is said to Ucheat".

Explanation: A dishonest concealment of facts is a deception within

the meanillg of this section.

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S. 416 IPC: A person is said to ((cheat by personation"if he cheats by

pretending to be some other person, or by knowingly substituting one person

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for another, or representingthat he or any other person is a p-ersonother

than he or such other person really is.

Explaltation: The offence is committed whether t"e individual

.personated is a real or imaginary person.

Therefore, from a plai,n reading of the provisions of Section 416 IPC it

is 'manifest that when a person who is not eligible to use red beacon lights,

with or without flasher on his vehicle.but use the same pretending to be a

person so eligible and knowingly substituting him as a,person who is eligible

to use red beacon light at the top of the vehicle and thereby representing that

he is a person which he is really not, we have no iota of doubt that he is guilty

of an offence punishable under Section 419 IPC. The offence punishable

under Section 419 IPC being a cognizable offence the police is legally bound

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,iI. C. Criminal Form No.6. :~\; .

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to record wi FIR if such an incident is reported by any person, meaning

therebyif a personwhoever4e may be, if noticed such misuse of beacon li'ght

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at the top of the vehicle by a perso~:not included in the list of dignitaries who

are eligible to do ~o as per the notification from time to time issued by the

Central Government or State Government, shall have every right to lodge FIR.

In such a situation the concept of locus standh which is, of course, concept

foreign to criminal jurisprudence unless, the statute provides for the same; will

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not be attracted and if police authority refused to record FIR that would

amount to failureto performtheir statutoryduty. While dealing with a similar

issue in the case of Abhoy Si,!gh Vs State of u.P. & Ors. in SLP Civil No. (s)

25237 of 2010, on April 4, 2013 the Hon'ble Apex Court amongst others

The Motor Vehicles Ac.t was enacted in 1988 and the Rules were

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observed as follows:

frlfme,d by the Central Government and various State Governments in 1989;

The legislative bodies and the authorities have not thought it proper to make

appropriate amendments to bring the provisions of the Act and the Rules inI

~conformity with the aspirations of the people of a republic and even now a

small section of the society considers itself to be as a spec/aJ category as

.compared to other citizens. This appears to be the primary reason why the

Governments after Govern~ents ~ave issue4 notifications under. Section 6

of the '1988 Act and the rules framed thereunder authorising the use of

beacons on government vehicles (some persons use such beacons even on

private vehicles). The time has come when the u~e of beacons on the

vehicles, government or non-government is qrastically restricted so lhat the

people's right to freedom of movement is not hindered in any manner

whatsoever.

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Dahl Notes and Orders

The learned cou~sel represef'ting some of the .St~te Governments. J

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have not controverted the assertion made by Shri Salve that not only the

high dignitaries on duty but large number of other elected and non-elected

persons are allowed to qse beacons, and sirens/hooters causing serious

inconvenience to the qeneral public using the roads and even otherwise. '

Shri salve also brought to our notice the~fact that the vehicles of the

States neighbouring NCT of Delhi use beacons with flashers and sirens

even though they arenot permitted to doso in.the NCT of Delhi.

With a view to ensure that menace of beacons orz vehicles and use of

sirens is stopped except in the cases of heads of the constitutional

institutions, we deem it proper to give an opportunity to the Central.

Government as also the Governments of all the States and the

Administration oj the Un/o~ Territories to amend the r.etevant provisions ~f .

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the Rules and the notifications issued under Rule 108 of the Central Motor

Vehicles Rules, 1989 and corresponding provisions in the State Rules as

also Rule 119 for restricting the use ~f beacons by the heads of political

executive, legislature and judiciary only and total prohibition on the use of .

siren except by police, ambulances, fire fighters, Army and those permit~ed

in Rule 119(3) of the 1989 Rules and'the corresponding Rulesframed by the

State Governments.

We also deem .it proper to indicate that it will be prudent for the

Central Government and the State Governments as well as the

administration of the Union Territories to substantially increase thefinefor

violation of the provisions of the 1988 Act and in particular those relating to

the matters indicated hereinabove.

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Th7 hearing of this case thereafter adjourned till 9thof July, 2013. We .

have alreadycomeacrossat least2 caseswhere the terrorists taking advantage

Notes: Office notes should be one serial in black ink and judicial orders another in red ink.

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Notes and Orders

of red beacon light launch~d attack on '13.12.2001 on the Indian Parliament 8J

on 1.6.2006 at RSS Head Quarters, Nagpur. .There are many other cases whe:

committing crime red beacon light was used to mislead the people and the policl

We are sure that the' police. and the R.T.A. shall take necessary legal actiol

against the wrongdoers and public at large must also come forward to stop suet

misuse by reporting the police authority. Since we are considering the question

of anticipatory bail, we are restrained. from passing any direction in the matter

other than reminding the law-enforcing agency to perform their statutory duty

and enlighten the general public about their statutorr rights. The State

Government must take necessary steps to create public awar.eness in this regard;

Since already the Apex Court is in seisin of the mlltter and .more

particularly ~hen we are dealing with the question of anticipatory bail, we are of

the opinion that we must refrain from passing any order except reminding the. .

police authority to strictly comply with the order passed by this Hon'ble High

Court. We also remind' the police authority about directions from time-to.tim~ .

passed by this Court in W.P. No. 2369(w) of2006 and we are sure that the police

authority will act in terms of the direction passed by this Hon'ble Court and shall

take appropriate legal action against the persons, whoever he may be, for misuse

of red beacon fight il) their vehicles. 1t goes without saying since such offences

attract punishment under Section 419 IP~ which is a cognizible offence. .If any

incident is' reported to the police about such misuse by any person, they shall

recordthe FIRand investigatethe matter. We are of the further opinion, in

the interest of justice, in those 9ases investig~tion must be completed

. promptly and if any person is found to be prima facie guilty he should

be brought before the Court of law for, trial. The State Government is

.also directed to notify in' two English newspaper~ and two other,

newspapers in different vernaculars published in this State. Such

Notes: Office notes should be one serial in black ink and judicial orders another in red ink.

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No. of 20

Notes and Orders

notificationshaH be issued either in Jhe front page or in the 5thpage on thre

alternative dates so as to give real and adequate opportunity to the. person

who are misusing red beacon light. in their vehicles unauthorizedly, to avok

penal consequences.

Now coming to the question of anticipatory bail, considering .the"

materials collected during investigationai14 the nature of the allegations, we'

allow this application.

In the event the petitioner is arrested in connection with the above

noted.case, he shall be releasedon bail to the satisfaction of the

Arresting Officer 'Upon furnishing bond of Rs. 10,000/- on

condition that a.fter release, he shall surrender before the

regular Court within a week thereafter.

Let a copy of this order at once be sent to the Chief Secretary,.

Goyernmentof West Bengal, Home Secretary, Govenunent of West Bengal

and the Transport Secretary, Govenunent of West 'Bengal for taking

appropriate steps in tenus of this order.

The copy of this order also be sent to the Commissionerof Police, ~e. .

Director General& Inspe'ttorGeneralof Police and The Joint.Commissioner

o~Police,Trafficfor their informationand necessaryaction,

The application being CRl\1 No. 13572 of2012 is, thus, disposed of.

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Notes: Office notes should be one serial in black ink and judicial orders another in red ink.

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.-'Tlw Kolkata Gazette

I.':xtra()rdinaryPublished by AULhorily

hid~lY, Seplember 7,2007

No. WB/CPS/Raj-90(Part-I)/2007" \ff)

i-oG

- r\el~i. No. WB/SC-320

Part I - Orders and Notifications b,y the Governor of West Bengal, the I-Iie;hCourt, GovernmentTreasury etc.

C;OVRJ\NMENT OF WEST BENCAT,'J'l<U\NSPORl 1)1:1'AKl'Ml':NI'

WRI'I'HI6' IfUlT,.DINGS,KOI.KATA - '100nm.

NOTIFICATION

No. 2998-WT/3M-1l8/200l PI. IV Dated 7th September -2007

[n cancellation or the Uepclrlrnent's Notification Nos.- 3'782-WT/3M-85/95 dated

03.ll::L2000and no. 8498-WT/3n1-118/2C101 dated 31.12.2001 and in exerds(~ of the powers

under Clause (Iii) of the proviso to rn'Il-~108 (1) of the Central Motor Vehicles Rules, 1989 read

,vit.h Notification No. S.O. 52 (L~)dated 11thjanuary 2002 published in the Gazelte of India, by

III

the Ministry of l\oad Transport & Jlighways, Covernmenl of India, the Governor has been

pleased to direct tbat a vehicle carrying high digniliuies as specified herein shall be perriliUcd

to use;-

1) Red T,ip;ht\<vith flasb~~ron the top front of tbe v.ehide, while on duty any ,,,rhere in thisL)talc,

i)

ii)

I folders or Bharat I<,atnaDccuration;

G()VE~rnOrof this St21teand Covernors of other Stah$ and Tjeutenant Governors

of Union 'renit()riE~s;

iii) Chief rVlinister 01-thL'SI,1Ie <ll1dChief Ministers ,or olher SLales and Union

'I'erri tories.

iv) Deputy Chicl rVlini,<i\l'ror L\wSlate and Deputy Chief Ministers of other Slales;

v) Chiefs Justice of C21kutti.11Ii~jhCourt, Puisne Judges of Calcutta Hi?;h Court,

Chid JustiCt~of other Jligh Courts, Puisne Jud8es of other High Courts;

x)

xi)

.,"."

xii)

xiii)

vi) Speaker of (he l.egis!alive Assembly or this StDle;

vii) Speakers and Cbairrnen of the State Legislatures of other States;

viii) Cabinet Ministers of this St<:1tCand other Stat~~sand Union Tt-~rritories;

ix) Ministers of SLate c1lldother States/ Union'l'errit.ories;

Deputy Ministers of this Stale and other States and Union Territories;

Deputy Speakt~r/Deputy Cl1<:)irmanof the State Lep,isl<:)tures;

LesLler of Opposition of the Assembly in this state;

Advocate Cen(:,1"<:11of this StaLe and olher Stat.es;

2) , Red Light withoul flasher on the top front of the vehicle, while on duly any where in lhis

State (unless indicsted 'otherwise),

i)

,Ii)

iii)

iv)

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vi)

vii)

viii)

ix)

x)

xi)

xii)

xiii)

xiv)

xv)

xvi)

Chief Secretarv or this Stale and Chief Secretary of olher Stales and Additional. .Chid Secre(ul'ies or this SL,1lcs;

Principal Secn~t<1ric~s,;)nd Secrdm'Ies of the Covernment Departments of this State

C;overrunent;

Chairman, State Administrative Tribunal;

Chairman, Comrnercial 'l'C1XCSAppellate Tribunal;

Chairmi1l'1, L.i.Hld& l.i1l'1dI\cforms Tribunal;

/\dditiona[ Advocate c;cneral of this States;

Chainnan and Menll)(~rs, Tluman Rights Comrnission of this State;

Director Ceneral of Polin:'/ I\dditional Director Cenerals of Police of this State;

Commissioner of Pol ice in Kolkata, within his jurisdiclion;

Divisional Commissioners v..rilhin their respective Divisions;

Fic~klk~vvllt1:'I>L'dl)I' C;l:I1l':'.II~; of Police vvithintlwir I.ont~s and Deputy Inspector

Cencral of Police vvithin theil' Ran!~t'~s;

District Magistrat(.~ ,)nd ~';up'~rintend,~nt of Police \-vithin their respective districts;

Mi1yors of MunicilJi11 Cmpuri1liuns or Kulkc1td, I [owl'ah, I\sansol and Siliguri,

within their respecLivc ,11'l'i15;

Cll~1irrnan, Bidhannapar Municlnalitv, v"ithin his area;(.) . t ""

Deputy Ma,yor, Kolkata Municipal Corporation, within his area;

Chairman, Kolk<:)taMunicipi:1! Corporation, within his an"<:'\.;

xvii) ChaIrmc.Hl, West. 13engal WOITJen'sCommission;

xviii) ,ChairmClll, Wesl Bengal COlllmission [or Backward Classes;

xix)

xx)

Chairrnan, Wt~st Bene,a] Minorities C0111111ission;

Chairn:ian, West Bengal -r,egal S(~rvic(:~Authority;

xxi)

xxii)

Stale::Chid Information commissioner, West Bengal;

State!::]ec!ion Commissioner, West Bengal;

xxiii) Vice Cbance110rs of all recogni7.ed Universities in this StaLe;

xxiv) . Chairlnan, Puhlic ServiCl~COlIrlI1ission,West Bene,al;

xxv) Vigilanc'e C::onnnissioner, West Bengal;

xxvi) Lokayu kl of Ihis Slc:JLe;

xxvii) Sabhadhi paUcs of Zi11aParisheds of this Slate within their areas;

In case the vehicle fitted with red light on top front is not carrying the dignitaries, then

such red light shall not bl~usc:~dand lx~covered by a black cover:

This shall come inlo immediate effect.

By order of the Governor,

Sumantra ChoudhuriAdditional Chief Secretary to the

Governm~nt of West Bengal.

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