Calcutta High Court Quashes Criminal Proceedings Against Truck Driver for Unlawful Entry into No-Entry Zone

In a recent ruling, the Calcutta High Court’s Circuit Bench at Jalpaiguri has quashed the criminal proceedings against a truck driver accused of unlawfully entering a designated no-entry zone. Justice Ananya Bandyopadhyay, presiding over the case of Jamir Hossain v. The State of West Bengal, determined that the petitioner’s actions did not amount to the offenses alleged under Sections 419, 420, 467, 468, and 471 of the Indian Penal Code.

The complaint against the truck driver was filed by a police officer, stating that the driver had affixed a sticker on the vehicle indicating the “On Duty PDS Food and Supply Department, Government of West Bengal” while entering the no-entry zone. However, the court found that the petitioner’s actions did not fall within the definitions of the offenses mentioned.

Justice Bandyopadhyay highlighted that the intercepted truck and its cargo, consisting of river bedded materials, were not proven to be stolen or disputed. Moreover, the court emphasized that the petitioner’s alleged offense was primarily related to violating traffic rules rather than engaging in fraudulent activities or forgery.

While quashing the criminal case, the court also directed the relevant authorities to establish procedures to prevent traffic rule violations through deceptive means. They were instructed to issue restrictive passes to exempted vehicles and maintain strict vigilance to curb malpractices.

This ruling serves as a reminder of the importance of striking a balance between traffic regulations and ensuring compliance with the law.

Date of Decision: 12th May 2023

Jamir Hossain vs The State of West Bengal