Kiran Mistry v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRR/51/2024 Kiran Mistry ...

Petitioner Vs.

The State ...

Respondent Mr. Tulsi Lall ... for the Petitioner Mr. Sumit Karmakar ... for the Respondent December 11, 2024 [TK] Item No.1 1.

The petitioner challenged the illegality, irregularity and impropriety of the order dated 30th September, 2024 passed by the learned Special Judge under NDPS Act, N & M Andaman, Mayabunder, whereby the prayer for returning of seized Maruti S-presso Car being No. AN-01-Q-3118 of petitioner on zimmanama was rejected on the ground that :

(i) He was habitual offender and (ii) The 90 grams of Ganja was recovered from his possession, when he was driving the said vehicle. 2.

Learned Advocate seeks interim custody of the said vehicle as it was the source of his livelihood and petitioner is unable to pay EMI of the said vehicle as it is in the custody of police since 26.08.2024.

3.

Learned Advocate for the State did not oppose this prayer rather he submits that interim custody of said vehicle may be granted to the petitioner on stringent conditions.

4.

Accordingly, I am of the view that the Maruti S-presso vehicle being number AN-01-Q-3118 of Kiran Mistry shall be released to him from the custody of police after proper verification of documents and in accordance with law subject to the following conditions :

(i) The petitioner shall furnish bank guarantee of Rs. 01 Lakh before the Trial Court.

(ii) Petitioner shall produce the seized vehicle before the Trial Court as and when called for during the trial and/or otherwise. (iii) The petitioner shall not alienate or dispose of the vehicle in many manner or change its nature and character till the disposal of this case.

(iv) The detail of the vehicle including copy of documents, photograph etc. should be made part of record. (v) He shall abide by the order of Trial Court passed in this regard.

5.

Accordingly, the instant CRR 51 of 2024 is disposed of by setting aside of the impugned order.

6.

Urgent Photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

(Uday Kumar, J.)