Goutam Kotal v. State Of West Bengal And ANR

07.03.2024 Serial no. 12 [G.S.D] CRR 763 of 2024 In the matter of : Goutam Kotal ... ... Petitioner Mr. Himanshu De Mr. Navanil De Mr. Subhrajit Dey ... for the Petitioner Mr. Debasish Roy Mr. Saryati Datta ... for the State Report submitted by the ld. Advocate for the State be kept with the record.

The report reflects that the accused/o.p. was taken into custody pursuant to his bail being cancelled. The accused is still in custody in connection with the instant case as is reflected from the report dated 7.3.2024. The police authorities and/or investigating agency have advanced prayer for recovery of the further two vehicles.

In view of the ld. Magistrate completely in seisin of the issues both relating to custody of the accused as well as recovery of further vehicles, I grant liberty to the present petitioner to approach the ld. ACJM, Haldia, who would also take into account the grievance of the defacto-complainant

both regarding the issues relating to bail as well as regarding return of the vehicles, which are the subjectmatter of the case. The ld. Magistrate would assess regarding the ownership and, thereafter, decide the same on consideration of further reports being submitted by the petitioner. With the aforesaid observations, CRR 763 of 2024 is disposed of.

Pending application, if any, is also disposed of. Case diary be returned to the ld. Advocate appearing for the State.

A copy of the Report be handed over to Mr. De. Ld. Senior advocate appearing for the petitioner. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)