Mahedi @ Mehedi Hasan v. The State Of West Bengal
25.03.2026 SL No. 13 Dd
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI CRA(DB)/63/2023 MAHEDI @ MEHEDI HASAN VS THE STATE OF WEST BENGAL Ms. Madhushri Dutta, Ms. Bipasha Mrug, Advocate ... ...For the Appellant Mr. Nilay Chakraborty, APP Mr. Saikat Chatterjee, Advocates ... ...For the State
1. Appeal is at the behest of the owner of the vehicle bearing police registration No. WB-57C1411.
2. Appeal is directed against the judgment of acquittal dated July 12, 2022 passed by the learned Additional Sessions Judge, 1st Court, Cooch-Behar in NDPS Case No. 68 of 2019 (CIS No.-68 of 2019).
3. Learned advocate appearing for the appellant submits that all accused were acquitted at the trial. However, learned trial Judge proceeded to direct confiscation of the vehicle belonging to the appellant.
4. We required the State to inform us as to the ownership of the vehicle on the previous date.
5. State is unable to inform the Court as to the ownership of the vehicle.
6. There is no rival claim with regard to the ownership of the vehicle. In fact, the learned Trial Judge found in the impugned judgment and order of acquittal that the owner of the vehicle was not implicated in the case.
7. Since the appellant claims to be the owner of the vehicle and since, all accuseds were acquitted at the trial, no useful purpose will be subserved by continuing with the order of confiscation as returned by the impugned judgment and order of acquittal.
8. In such circumstances, the directions contained in the impugned judgment and order of acquittal regarding confiscation of the vehicle bearing police registration No. WB-57C-1411 is set aside.
9. Authorities will release the vehicle to the appellant forthwith upon the appellant furnishing appropriate indemnity to such authorities.
10. Let a copy of this order along with Trial Court Records be sent down to the jurisdictional Court at once.
11. CRA(DB)/63/2023 is disposed of accordingly. (Debangsu Basak, J.) (Biswaroop Chowdhury, J.)