Ranjit Debnath vs Union Of India And Ors
2022 Latest Caselaw 3922 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                            Appellate Side

Present :
The Hon'ble Justice Bibek Chaudhuri


                        CRR 1535 of 2021

                          Ranjit Debnath
                                  Vs.
                        Union of India and Ors.


For the petitioner:   Mr. Pankaj Halder
                      Mr. Sanatan Panja
                      Mr. Tapas Manna


Item No.43.



Heard & Judgment on:        04.07.2022


Bibek Chaudhuri, J.

In spite of service of notice the opposite parties have not

turned up.

Considering the averment made in the instant revision and

the question involved in the revision, I am of the view that the

instant revision can be disposed of here and now.

The petitioner is the owner of a vehicle being Mahindra and

Mahindra -Xylo make bearing registration No.WB44-F1789. On

14th January, 2018 the said vehicle was intercepted by the

customs and some narcotic substance was allegedly recovered.

The driver of the vehicle and the passengers were arrested.

They were booked for committing offence under Section 20(b)

(ii)(c) of the NDPS Act. Subsequently, after filing of the charge

sheet, the case was transferred to the 3 rd Court of the learned

Additional Sessions Judge at Howrah being Special Judge under

the NDPS Act for trial.

The petitioner filed an application on 2nd December, 2019

with a prayer to release the said vehicle to the petitioner being

the registered owner of the said vehicle.

The learned trial Judge passed an order on 4 th September,

2018 stating, inter alia, that in the said petition the name of the

owner of the vehicle has not been mentioned and no document

regarding ownership of the vehicle has been produced before the

Court.

It is submitted by the learned advocate for the petitioner

that the petitioner is the owner of the said vehicle and in support

of his contention he has already filed the certificate of

registration and insurance certificate before this Court.

The petitioner is directed to file a fresh application before

the trial Court with the blue book, certificate of registration,

insurance policy and other documents in order to prove the

ownership of the seized vehicle before the learned Court below

and the learned trial Judge shall dispose of the application in

accordance with law releasing the vehicle in the name of the

petitioner if he is found to be the recorded owner immediately

on the date of filing of such application in accordance with the

law.

With the above direction the instant criminal revision is

disposed of.

(Bibek Chaudhuri, J.)