Manoj Kumar v. The State Of West Bengal And ANR

Sl. No.40 13.02.2025 Suman Ct. 02 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side WPA 75 of 2025 Manoj Kumar Vs.

The State of West Bengal and Anr.

Mr. Joydeep Kanta Bhowmik Mr. Sayantan Bhowmik Mr. Shubham Kumar Ms. Sayantani Das ...for the petitioner Mr. Nabankur Paul ..for the State The petitioner has been served with a notice under Section 59B of the Indian Forest Act, 1927, directing him to show cause as to why his vehicle should not be confiscated in favour of the State. Learned counsel appearing on behalf of the petitioner submits that the petitioner was unable to respond to the said show-cause notice as, at the relevant time, he was in judicial custody in connection with C.R. Case No. 534 of 2024, pending before the Learned Chief Judicial Magistrate, Jalpaiguri. The petitioner seeks an opportunity to be represented before the Divisional Forest Officer, Gorumara Wildlife Division, to submit his response to the show-cause notice dated September 17, 2024.

In view of the foregoing, the present writ petition is disposed of with liberty granted to the petitioner to submit his reply to the show-cause notice within two weeks from the date of this order. Subsequently, the Divisional Forest Officer, Gorumara Wildlife Division, shall provide the petitioner with a personal hearing and adjudicate the matter in accordance with the law. The entire process shall be concluded within two months from the date of this order.

Accordingly, WPA 75 of 2025 stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)