Laxman Ghosh @ Lakshman Ghosh v. The State Of West Bengal And ORS.

23.04.2025 WPA 28197 of 2024 Sl.No.

Court No. 35 Laxman Ghosh @ Lakshman Ghosh -VsThe State of West Bengal & Ors.

G.S.Das Mr. Soubhik Mitter Mr. Liton Maitra Ms. Rajnandini Das Mr. Chitrak Biswas ... for the Petitioner(s) Ms. Jhuma Chakraborty, ld. Sr. Govt. Adv.

Mr. Suddhadev Adak ... for the State-respondent(s) Report submitted earlier before this Court reflects that the vehicle which was seized, being No. WB-51C 6394, belongs to one Nripan Biswas.

However, according to investigating officer of the case, the Engine number and the Chassis number was found to be tampered with of the said vehicle which has been seized.

So far as the present petitioner is concerned, the claim of the investigating agency regarding the ownership of the vehicle, as such, is not substantiated.

Learned advocate appearing on behalf of the State has submitted a report wherein the investigating officer has made a prayer for further investigation before the learned Special Court which, according to the learned advocate, is pending since the present writ petition is also not disposed of by this Hon'ble Court.

I find from report that, subsequently, CRM (NDPS)- 31 of 2025 was considered by the Hon'ble High Court wherein bail application of one of the accused persons of the instant case was rejected and prayer for further investigation is pending before the learned Special Court.

So far as the prayer for further investigation is concerned, it would be the discretion of the learned Special Court to deal with the same. This Court will not enter into the said domain at this stage.

However, if the only issue relating

to release of the vehicle of the present petitioner is concerned, the Special Court would take into account that petitioner's vehicle was never seized in connection with the instant case. If it cannot be established, the petitioner should not be implicated in connection with the instant case.

With the aforesaid observations, WPA 28197 of 2024 is disposed of.

Pending application(s), if any, is also disposed of.

Certified copy filed be kept with the record.

Documents so submitted by the learned advocate for the State be also kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)