Ranjit Halder v. State Of West Bengal

07.10.2024.

10.

Ct.No.6 as CRR 3663 of 2024 In the matter of : Ranjit Halder.

... Petitioner.

Mr. Apurba Kr. Datta.

...for the Petitioner.

Mr. Prakash Mishra.

...for the State.

1.

Petitioner is aggrieved by the harsh condition imposed by learned Magistrate for returning the seized vehicle. 2.

Learned Advocate for petitioner submits he would not be able to furnish cash security of Rs.15,00,000/- along with PR bond of Rs.25,00,000/- as a condition for release of the vehicle. He further submits the said amount is much higher than the value of the seized vehicle i.e. Scorpio car bearing registration No.WB-16BK-361.

3.

Copy of the application be served upon Mr. Prakash Mishra who ordinarily appears for the State. Learned Public Prosecutor shall regularize his appointment.

4.

I have considered the materials on record. Vehicle was seized in course of investigation. Petitioner is the owner of the seized vehicle and prayed for release of the vehicle.

Investigating agency did not raise objection to its return. However, learned Magistrate directed return of the seized vehicle to petitioner upon furnishing bank security/cash security/any other registered surety along with PR bond of

Rs.25,00,000/-. Petitioner is unable to meet the said requirements.

5.

Keeping in mind the facts of the case including the age and depreciated value of the vehicle seized, I modify the condition imposed by the learned Magistrate and direct in the event, petitioner deposits a bank security/cash security/registered surety of Rs.10,00,000/- along with PR bond of Rs.25,00,000/-, vehicle shall be released upon him subject to other terms and conditions in the order impugned. 6.

With this modification, revision petition is disposed of. (Joymalya Bagchi, J.)