Particulars of the victims:- (1) Mr. Mijanur Molla, son of Ajibar Molla, aged about- 25 years, by faith-Muslims, by occupation-day labourer, residing at village-Sonpur, Police Station-Swarupnagar, District-North 24 Parganas. (2) Mr. Jalil Gazi, son of Bahar Ali Gazi, aged about- 33 years, by faith-Muslims, by occupation-day labourer, residing at village-Sonpur, Police Station-Swarupnagar, District-North 24 Parganas, West Bengal, India.
Name of the perpetrators:- (1) about 25 BSF jawans(who forcibly trespassed into the house of the victims at about 11.30 pm on 26.3.2011) from Kaijuri-Gaborda BOP, BSF Battalion no. 47 , Police Station-Swarupnagar Police Station, District-North 24 Parganas, (2) the Officer-in-Charge of Swarupnagar Police Station, District-North 24 Parganas, West Bengal.
Place of incident: - Inside the house of the victims at village-Sonpur, Police Station-Swarupnagar, District-North 24 Parganas
Date & time of the incident: - On 26.3.2011 at about 11.30 pm
It is revealed during fact finding that on 26.3.2011 at about 11.30 pm about 25 BSF jawans from Kaijuri-Gaborda BOP, Battalion no. 47 of BSF forcibly entered into the houses of the victims. The said BSF jawans forcibly entered into the houses of the victims by breaking open the doors. Then the said BSF jawans by apprehending the victims subjected them under severe torture by assaulting them ruthlessly in presence of their family members. Thereafter the perpetrator BSF jawans took the victims to nearby BSF Camp and again subjected the victims to severe assault and even the victim was put into electric shock by the perpetrator BSF jawans. Thereafter on 27.3.2011 in the evening the victims were brought at Swarupnagar Police Station.
It is also revealed during fact finding that the BSF personnel while producing the victims at Swarupnagar Police Station also filed a written complaint against them that Mr. Mijanur Molla carried Ganja Qty 10 kg 530 gms and Jalil Gazi carried Ganja Qty 10 kg 410 gms. On the basis of the written complaint the police of Swarupnagar Police Station registered one First Information Report vide Swarupnagar Police Station Case no. 70/2011 dated 27.3.2011 under section 20(b)(ii) of the Narcotic Drugs and psychotropic Substance Act. Then after registering the FIR the police prepared one seizure list in the police station in presence of police personnel and BSF personnel incorporating in the seizure list that the above mentioned amount of Ganja were recovered from the possession of the victim. Then on the next date (28.3.2011) the victim were produced before the Additional Sessions Judge, 6th Court, Barasat, North 24 Parganas.
In the written complaint lodged by BSF against the victims it was stated that the victims were apprehend by the BSF personnel on 26.3.2011 at about 2345 hours and the victims were produced at Swarupnagar police Station by BSF personnel on 27.3.2011 at 16.20 hours as per the First Information Report lodged against the victims. So the BSF authority caused delay of almost 17 hours in producing at the nearest police station i.e. Swarupnagar Police Station and no reason was set forth by BSF authority for such delay. Such conduct on the part of BSF authority is against Section 52(3) of the Narcotic Drugs and Psychotropic Substance Act which requires that the person arrested with allegation under the Act shall be forwarded to the officer-in-charge of nearest police station without unnecessary delay.
It is surprising that no seizure list was prepared by BSF while apprehending the victims and allegedly seizing ‘Ganja’ from them though any such officer of gazetted rank of the Border Security Force or any such officer(being an officer superior in rank to a peon, sepoy or constable) of Border Security Force as is empowered in this behalf by general or special order by the Central Government is empowered to arrest and search any such person against whom information has been received that he has committed any offence under the Narcotic Drugs and Psychotropic Substance Act under the provisions of Sections 41,42 and 43 of the Narcotic Drugs and Psychotropic Substance Act. The written complaint lodged against the victims by BSF clearly stated that they were arrested and searched by BSF constables. Therefore there is clear indication that the relevant provisions of Sections 41, 42 and 43 of the Narcotic Drugs and Psychotropic Substance Act were not given any effect at the time of arrest and search of the victims by BSF.
The seizure list clearly revealed that the place of seizure was Swarupnagar Police Station and two constables of the same police station witnessed in the seizure list, though the fact remains that the victims were implicated under penal provisions of Narcotic Drugs and psychotropic Substance Act. There was no independent witness in the seizure list. The manner under which the seizure list was prepared by the police in this case was wholly illegal under the relevant provisions of Sections 41, 42 and 43 of the Narcotic Drugs and psychotropic Substance Act.
The family of both the victims lodged complaint before the Sub-Divisional Police Officer, Basirhat, North 24 Parganas complaining that the victims were picked up from their house on 26.3.2011 at 11.30 pm forcibly by the BSF personnel without disclosing any reason. The police officer received the complaint, but still did not initiate any inquiry into the matter. The victims are still languishing in jail custody as their bail prayer was not allowed so far.
Ms. Hasina & Mr. Jalil Gazi
Tachhlima Bibi & Mijanur Molla
Broken grill gate of Jalil Gazi’s house