Shubham Goldiee Masala Private Limited v. State Of West Bengal

04.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.13 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 775 of 2023 In the matter of : Shubham Goldiee Masala Private Limited ... Petitioner.

Ms. Aiswarjya Gupta, Ms. Priyanka Saha ... For the Petitioner.

Mrs. Anasuya Sinha, Mr. Pinak Kumar Mitra ... For the State.

Mrs. Sinha, learned advocate appearing for the State submits that one Ajay Pandey representing the petitioner viz., Shubham Goldiee Masala Private Limited has prayed for modification of the condition imposed on 16.01.2023 by the learned Special Court under the NDPS Act, Paschim Bardhaman, Asansol in respect of release of 903 boxes of their company which related to spices of Goldiee Masala. The learned trial court has imposed condition to file bank guarantee of any nationalised bank within the territorial jurisdiction of the Special Court to the extent of Rs.12,00,000/-.

Having considered that the petitioner or the company has not been implicated as accused in this case and they have suffered because of other persons, the direction to file bank guarantee of any nationalised bank to the extent of Rs.12,00,000/- is modified to furnishing a P.R. Bond of Rs.10,00,000/- (Rupees ten lakh). The condition to be imposed in this case is that one box out of 903 boxes should be retained and produced. The police authorities while returning the boxes will have a videography of whole of the

boxes which have been seized. The said videography will be produced in course of the trial, if required and for the purposes of identification of sample, one box would be produced.

The petitioner would be at liberty to deal with rest of the boxes in terms of its business Rules and Regulations. With the aforesaid observations, the revisional application being CRR 775 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)