Atul Biswas And ANR. v. The Deputy Commissioner And ANR.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/278/2021 Atul Biswas and another ... Petitioners Vs.
The Deputy Commissioner and another ... Respondents Mrs. Anjili Nag ... for the petitioners Mr.N.A.Khan ... for the Deputy Commissioner Ms.A.S.Zinu .. for the Police authorities July 01, 2022 [GNC] Item No.2 Earlier by an order dated 29th June, 2012, this Court directed the learned Public Prosecutor, after referring to page 41 in respect of the seizure memorandum, wherein any General Diary entry number was not appearing and no specification provided in respect of seizure of an excavator. Today, learned Advocate appearing for the police authorities has referred to the GD No.1200 dated 16th January, 2021.
Till date the State is unable to satisfy this Court whether any criminal prosecution is pending in respect of the seized excavator.
Mr.Khan, learned Advocate for the Respondent No.1 submits that since subject matter of the writ petition relate to an appealable order, the present application in its form do not call for any interference by this Court.
Having regard to the time constraints, I direct that the petitioner would be at liberty to apply before the learned Chief Judicial Magistrate, Port Blair who would call a Report from the Police Station as to whether seizure was in respect of any criminal case or any proceedings, which information till date has not been furnished before this Court.
Having regard to the settled proposition of law as has been pronounced by the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in (2002) 10 SCC 283, I direct that in case no criminal proceeding or any proceeding is pending, the learned Chief Judicial Magistrate on appropriate condition would release the said excavator to the petitioner/registered owner. So far as the other contentions in the application is concerned, the petitioner would be at liberty to approach the statutory Appellate Forum as provided under the Act. Since no affidavits have been filed by the Respondents none of the contentions are as such admitted by them. With the aforesaid observations, the writ petition being WPA/278/2021 is disposed of.
Pending applications, if any, are consequently disposed of.
Parties are directed to act on the server copy of this order duly uploaded on the official website of the Hon'ble Calcutta High Court.
( Tirthankar Ghosh, J.)