Calcutta High Court (Appellete Side)
Sadhana Joshohara (Dutta) vs Unknown on 14 June, 2022
14.6.2022
Court No.29
SD
CRR 1785 of 2020
In the matter of: Sadhana Joshohara (Dutta)
....petitioner.
Mr. Susnigdho Bhattacharyya
...for the Petitioner.
Mr. Prasun Kumar Dutta
Md. Kutubuddin
Mr. Santanu Deb Roy
... for the State.
Being aggrieved and dissatisfied with the order dated
December 2, 2020, passed in C. Case No. 04/2020 by Ld.
Additional Chief Judicial Magistrate, Bongaon, present revisional
application has been preferred.
The allegation levelled is on January 12, 2020 a team of
officers intercepted one TATA Ace pick up vehicle bearing No. WB
27 2484 at Railway Play ground - Bongaon which was carrying
illegally total 228 number of live Indian soft shelled turtles and 49
numbers dead of soft shelled turtles. Accordingly, on interception
the said turtles were recovered and seized and the driver and helper
of the truck were arrested and they were produced before the
learned Magistrate and subsequently, they were released on bail by
the learned Magistrate.
The petitioner claimed himself to be the owner of said TATA
Ace pick up vehicle bearing no. WB 27 2484 which was seized by
the Seizure Officer in connection with Complaint Case No.POR-
05/BNG of 2019-20 dated January 12, 2020.
It is contended by petitioner that seized articles were loaded
in the said vehicle without informing the owner of the vehicle. On
November 18, 2020, the petitioner filed an application under
Section 451 of the Code of Criminal Procedure before the learned
Magistrate for releasing of the seized truck. After hearing respective
parties and after perusing the prayer of the enquiry officer for an
order of confiscation, the learned ACJM by an order dated
December 2, 2020 has been pleased to reject the petition for
returning the seized vehicle. Learned Magistrate further opined that
the goods recovered are required to be confiscated under the
provisions of the Indian Forest Act.
It is contended by Mr. Bhattacharyya Ld. Counsel for the
petitioner that petitioner is a reputed woman in the locality having
no criminal antecedent whatsoever. The vehicle is the only source of
income of the petitioner and the seized truck is being kept in an
uncared manner under the open sky and accordingly prayed for
releasing of the vehicle in question in any terms and conditions.
In this context the petitioner has also relied upon judgments
reported in (2004) 1 SCC 293, 2003 C Cr LR (Cal) 929, (2016) 4
CHN (cal) 713 and also three unreported judgments passed by this
Court in CRR 1882 of 2019, CRR 537 of 2020 and CRR 695 of
2012.
Having considered the facts and circumstances of the case, it
appears to me that there is no necessity to keep the said vehicle
under the open sky to get it damaged further and no purpose will
be served by making it junk day by day.
Accordingly, learned ACJM, Bongaon is directed to grant
interim custody of the vehicle in question to the petitioner on
condition that the petitioner will execute a bond of Rs.5,00,000/-
along with bank guarantee of Rs.5,00,000/- before the learned
Magistrate. The petitioner will also file a coloured photocopy of the
vehicle signed by both the investigating agency and the registered
owner. The petitioner shall also file an undertaking before the court
below that he shall produce the vehicle when it would be asked to
produce either for the trial or for confiscation proceeding and
petitioner will not change the basic nature and character of the
vehicle without taking leave of the court.
CRR 1785 of 2020 is accordingly disposed of.
The office of the Legal Remembrancer is directed to regularize
the appointment of Mr. Prasun Kumar Dutta along with Md.
Kutubuddin and Mr. Santanu Deb Roy in this matter.
(Ajoy Kumar Mukherjee, J.)
