Calcutta High Court (Appellete Side)
Nemai Biswas vs The State Of West Bengal on 19 July, 2022
Court No. 33
Item 3
CRR 1208 of 2013
Ali
19.07.2022
Nemai Biswas
versus
The State of West Bengal
In Re.:- An application under Section 482 of the Code of
Criminal Procedure.
Ms. Sreyashee Biswas
........for the State
None appears on behalf of the petitioner.
This revisional application has been filed by the petitioner
under Section 482 of the Code of Criminal Procedure
challenging order dated 12.03.2013 passed by learned
Additional Chief Judicial Magistrate, Bidhannagar 24-
Parganas (North) in connection with East Bidhannagar Police
Station Case No. 139 dated 14.08.2000 (corresponding to G.R.
No. 2762 of 2000) under Sections 454/380 of the Indian Penal
Code.
The factual matrix of the case is that on 09.04.2001 police
conducted a raid in the house of the petitioner in connection
with East Bidhannagar Police Station case no. 25(3) of 2001
under section 399/402 of the Indian Penal Code and seized
some gold ornaments. The petitioner failed to produce any
receipts. It was the case of the prosecution that the seized gold
ornaments were stolen property kept in the possession of the
petitioner which were subject-matter in East Bidhannagar
Police Station Case No. 139 dated 14.08.2000 and one other
case. The petitioner faced trial for prosecution under Section
4(1) of the Bengal Criminal Law (Industrial Area) Amendment
Act, 1942 being N.G.R. Case No 919 of 2001. On conclusion of
trial the petitioner was found not guilty and was acquitted
from the case under Section 255(1) of the Criminal Procedure
Code. While disposing of the aforesaid case the learned trial
Court observed that the subject 'alamat' be dealt with the
result of the proceeding of East Bidhannagar Police Station
Case No. 139 dated 14.08.2000 under Sections 454/380 of
the Indian Penal Code.
On 18.12.2012 the petitioner filed an application before the
learned trial court for return of the seized gold ornaments. The
aforesaid application was rejected by the learned trial Court.
Challenging the said order the petitioner moved the Hon'ble
Court in revision being CRR No. 93 of 2013 dated 14.02.2013
and following order was passed:-
"Consequently order dated 18th December, 2012 is set aside. On
production of the records on 4th March, 2013, the court of Additional
Chief Judicial Magistrate, Bidhannagar, 24-Parganas shall decide the
application of the petitioner on the same date or within one week
thereafter."
Pursuant thereto the application of the petitioner for return of
the seized gold ornaments dated 18.12.2012 was taken up for
hearing by the learned trial Court on 12.03.2013 and upon
perusal of the materials on record the said application was
rejected on the ground that in terms of judgment in N.G.R. No.
919/01 the subject 'alamat' was to be dealt with the result of
proceeding of East Bidhannagar Police Station Case No. 139
dated 14.08.2022 which proceeding is still pending for
disposal.
Being aggrieved by and dissatisfied with the said order the
petitioner has preferred the present revisional application.
Ms. Sreyashee Biswas, learned Advocate appearing on behalf
of the State files status report. Let it be kept with the record.
She submits that on completion of investigation the case has
ended in filing of final report which has been accepted by the
Court on 16.11.2013 resulting in disposal of the case.
It appears from the copy of judgment passed in N.G.R. No.
919/01 under Section 4(1) of the Bengal Criminal Law
(Industrial Area) Amendment Act, 1942, annexed to the
revisional application, that the petitioner was acquitted from
the charge. However, the learned trial Court while disposing
the said case observed that the subject 'alamat' is to be dealt
with the result of proceeding of East Bidhannagar Police
Station Case No. 139 dated 14.08.2000 under Sections
454/380 of the Indian Penal Code. The application of the
petitioner for return of the seized gold ornaments was rejected
on the score of pendency of the aforesaid proceeding.
The status report of Inspector-in-charge, Bidhannagar East
Police station dated 29.06.2022 shows that the investigation of
the case has ended in filing of final report vide Bidhannagar
East PS F.R.T. No. 56 of 2001 dated 01.09.2001 and the final
report has been accepted by the learned Additional Chief
Judicial Magistrate, Bidhannagar, 24-Parganas(North) on
16.11.2013.
In the aforesaid backdrop, the petitioner is granted liberty to
file separate/fresh application before learned Additional Chief
Judicial Magistrate, Bidhannagar, 24-Parganas (North) for
return of the seized 'alamat' which shall be dealt with
separately by the said Court taking into consideration all the
material particulars placed before it and dispose of such
application in accordance with law.
With the aforesaid observations, the present revisional
application is disposed of.
All connected applications also stand disposed of.
Interim order, if any, stands vacated.
Urgent photostat certified copy of this order, if applied for, be
supplied expeditiously after complying with all necessary legal
formalities.
(Bivas Pattanayak, J.)
