Sanatan Ghosh v. State Of West Bengal And ANR

C.R.R.272 of 2021 D/L12 12.12.2022 Bpg.

In Re: An application under Section 397/401/482 of the Code of Criminal Procedure, 1973;

Sanatan Ghosh

Versus

The State of West Bengal and another Mr. Arnab Chatterjee.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Mr. Imran Ali, Ms. Debjani Sahu.

...for the State.

The order dated 25.08.2020 passed by the learned Chief Judicial Magistrate, North 24 Parganas reflects that at the relevant point of time as the police report was not filed, the court was reluctant to release the seized vehicle.

Report submitted by the Forest Range Officer, Barrackpore S.F. Range reflects that charge-sheet has already been submitted before the learned C.J.M., Barasat. No confiscation proceedings are pending in respect of the vehicle. Mr. Mukherjee, learned Public Prosecutor submits the report of the said Forest Range Officer. Let the report be kept with the record.

Having regard to the fact that no confiscation proceedings are pending and the reason so assigned by the learned CJM, Barasat was that the investigation was pending, I am of the opinion that at this stage there is no further reason to detain the

vehicle. Accordingly, on suitable terms and conditions the learned CJM, Barasat would release the vehicle ensuring the production of the same in course of the trial.

Thus, CRR 272 of 2021 is allowed.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)