Md Nasim Akhtar @ Nasim Akhtar v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 12-10-2023 Subha Item no.16 Ct no.34 CRR 592 of 2023 Md. Nasim Akhtar @ Nasim Akhtar -versus- The State of West Bengal.

Ms. Minoti Gomes Ms. Dona Sanyal ..........for the petitioner.

Mr. S. G. Mukherji, ld. PP Mr. Imran Ali Ms. Debjani Sahu ...for the State.

Report submittedby ASI, Enforcement Branch, ADPC, District- Paschim Bardhaman through the learned advocate appearing for the State be kept with the record. The subject matter of the case relates to return of the seized incense sticks which were a part of the materials collected by the Investigating Agency in course of the investigation. The petitioner claimed return of the same.

Having regard to the factum that prima facie it is the opinion of the Investigating Agency that they were misbranded and counterfeit and would be required in course of the trial proceedings, I am not inclined to interfere at this stage with the order dated 23.12.2022 passed by the learned Chief Judicial Magistrate, Asansol, Paschim Bardhaman.

Petitioner is granted liberty to prefer a fresh application with overwhelming materials to satisfy the learned Magistrate if at all,

such prayer for return is insisted and required by the petitioner. No interference is made at this stage by this court. With the aforesaid observations, the present revisional application being CRR 592 of 2023 is disposed of. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]