Kiran Raj

The Calcutta High Court has granted interim bail to Manoj Ghosh, an accused in a case investigated by the National Investigation Agency (NIA) involving alleged illegal possession and storage of explosives. The court recorded that Ghosh has been in custody for over one year and six months, and the trial is unlikely to conclude soon due to the large number of prosecution witnesses and documentary evidence involved. The court, while granting interim bail, imposed several stringent conditions, including restrictions on his movement, business activities, and communication. The matter has been listed for further hearing on March 28, 2025.

The case originated from a seizure made on June 29, 2022, when a team from the Special Task Force, West Bengal Police, intercepted a vehicle near Mohammad Bazar Bus Stand and seized 81,000 electronic detonators. The driver, Ashish Keora, was arrested, and an FIR was registered as Mohammad Bazar P.S. Case No. 209 of 2022 under Section 120B of the Indian Penal Code read with Sections 4, 5, and 6 of the Explosive Substances Act, 1908. Several other accused, including Rintu Sk., Mukesh Singh, and Mokhtar Khan, were subsequently arrested and later granted bail.

On September 19, 2022, as per directions from the Ministry of Home Affairs, the NIA took over the investigation and re-registered the FIR. The agency submitted a charge sheet on April 26, 2023, followed by a supplementary charge sheet on June 28, 2023, adding two more accused, Merajuddin Ali Khan and Mir Mohammad Nuruzzaman. On the same day, the NIA conducted a raid at Rajlaxmi Stone Works, Kalipur, Nalhati, Birbhum, a property owned by the petitioner, Manoj Ghosh. The raid led to the seizure of a country-made pistol, four rounds of 7.65 mm ammunition, 50 kg of ammonium nitrate, 130 gelatin sticks weighing 16.25 kg, and documents, including a diary detailing transactions related to the purchase of explosives.

On July 1, 2023, the NIA issued a notice under Section 160 of the Code of Criminal Procedure, directing Ghosh to appear before them. He challenged this notice before the Calcutta High Court in WPA 15792 of 2023, which, by an order dated July 7, 2023, directed him to attend an investigation at Nalhati Police Station on July 10, 2023. When he appeared on the scheduled date, he was arrested by the NIA. A second supplementary charge sheet was filed on October 7, 2023, detailing his alleged involvement.

The petitioner’s counsel submitted that the driver and several other accused had already been granted bail, including the two license holders who allegedly supplied explosives. It was argued that the connection between the petitioner and the illegally procured explosives was not established. The counsel contended that the seized gelatin sticks were used for stone crushing activities and that no alternative illegal purpose was attributed to them during the investigation.

It was further submitted that the petitioner had no criminal antecedents and that prolonged incarceration violated his fundamental right to a speedy trial under Article 21 of the Constitution. The petitioner’s counsel relied on the Supreme Court’s judgment in Sheikh Javed Iqbal Alias Ashfaq Ansari Alias Javed Ansari v. State of Uttar Pradesh, reported in (2024) 8 SCC 293, to support his contention that prolonged custody without trial warrants bail.

The counsel for the NIA opposed the bail plea, stating that the petitioner was involved in storing and possessing explosive materials without a valid license. It was argued that a diary detailing large-scale transactions of explosives was recovered from the petitioner’s godown, indicating his involvement in an illegal explosives trade. The NIA submitted that a subsequent search at the petitioner’s residence led to the seizure of three mobile phones and other incriminating documents.

The agency contended that the petitioner failed to provide records regarding the storage of explosives despite receiving a notice under Section 160 of the Code of Criminal Procedure. The NIA obtained an arrest warrant from the NIA Special Court on July 7, 2023, and arrested Ghosh at Nalhati Police Station on July 10, 2023, at 2:10 PM. The prosecution cited statements recorded under Section 164 of the Code of Criminal Procedure, stating that the petitioner was engaged in illegal mining and explosives trade.

The court observed that the petitioner had been in custody for over 18 months and that the case involved 117 prosecution witnesses and a large volume of documents and evidence, making an early trial unlikely. The court recorded, "Undoubtedly, the petitioner has his fundamental right to personal liberty and speedy disposal of criminal cases brought against him, and no other consideration can be higher than his personal liberty and right to speedy justice."

While acknowledging the seriousness of the allegations, the court also noted that other co-accused had been granted bail and that there was no immediate requirement for custodial detention as the investigation was complete. However, the court also recorded concerns raised by the NIA that the petitioner is an influential political figure and could intimidate witnesses or tamper with evidence if released.

The Calcutta High Court granted interim bail to the petitioner on a bond of Rs. 50,000 with two sureties of Rs. 25,000 each, one of whom must be local. The court imposed the following conditions:

• The petitioner shall remain within the jurisdiction of Bidhannagar, Salt Lake, Kolkata, except for attending court proceedings.

• The petitioner must meet the Bench Clerk of the Chief Judge, City Sessions Court, Calcutta, twice a week during office hours until further order. The attendance shall be recorded in a register with an official seal.

• The petitioner shall furnish his current residential address to the investigating officer and the trial court.

• The petitioner shall not attempt to intimidate, influence, or tamper with evidence and must attend every court hearing.

• The NIA is permitted to monitor the petitioner’s movements and phone calls.

• The petitioner shall use only two mobile phone numbers, which must be disclosed to the investigating officer.

• The petitioner is barred from engaging in any business involving explosives or stone crushing until further orders.

The court further recorded concerns that frivolous applications were being filed by the accused to delay the framing of charges and directed all parties to cooperate with the trial process.

The interim bail shall remain in effect until the end of March 2025 or until further orders, whichever is earlier. The matter is scheduled for further hearing on March 28, 2025, and the NIA has been directed to submit a report on whether the petitioner is complying with the conditions of bail.

The court recorded, "If the petitioner fails to comply with any of the conditions imposed upon him, the interim bail order shall stand cancelled without any further reference to this court."

Case Title: Manoj Ghosh v. National Investigation Agency
Case Number: CRA (DB) 132 of 2024
Bench: Justice Arijit Banerjee and Justice Apurba Sinha Ray

[Read/Download order]