Shyam Ferro Alloys Ltd v. State Of West Bengal And ORS.

01.02.2024 gd/ssd CRR 1598 of 2021 In the matter of: Shyam Ferro Alloys Limited ....Petitioner.

Mr. Phiroze Edulji, Mr. Sabyasachi Banerjee, Mr. Suryaneel Das, Mr. Aditya Mondal, Mr. Chiranjit Pal, Mr. R. Mukherjee ..for the Petitioner.

Mr. Saibal Bapuli, Mr. Arijit Ganguly, Mr. Bibaswan Bhattacharya ..for the State.

Mr. Sandipan Ganguli, Mr. Rajesh Upadhyay, Mr. Arkadeb Bhattacharya ..for O.P. No.3.

Report submitted by the investigating officer be kept with the record.

Report reflects that the present petitioner being Shyam Ferro Alloys Limited has been discharged from the case for want of evidence.

The primary grievance of the petitioner was regarding the return of the seized materials which is the subject matter of the case to Dubarthim Visadahyum International Cooperation Strategies SRL on bond. The petitioner was aggrieved by the goods being returned on bond to the de facto complainant. The stage at which the petitioner approached this court at that stage the investigation was in progress. At this stage, the investigating officer has arrived at its opinion

thereby discharging the present petitioner from the case. However, there are some accused persons against whom the investigating agency has opined that the case would proceed. Mr. Ganguly, learned senior advocate appearing for the private opposite party has expressed his intention to prefer an application for filing a protest petition on the date so fixed by the learned court.

The petitioner claims for return of the seized goods which was rejected.

In view of the change of circumstances, petitioner is granted liberty to file afresh an application for return of the seized goods.

Learned Magistrate would consider the same in accordance with law after hearing all the parties. With the aforesaid observations, CRR 1598 of 2021 is disposed of.

Pending connected applications if any are consequently disposed of.

All the parties shall act on the server copy of this order duly downloaded from the official website of this court. (TIRTHANKAR GHOSH, J.)