Chand Mohammad Ansari vs The State Of West Bengal
2022 Latest Caselaw 1149 Cal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION

Present:

The Hon'ble Justice Jay Sengupta

C.R.R. 291 of 2022

Chand Mohammad Ansari

Vs

The State of West Bengal

For the Petitioner : Mr. Abdur Rakib Mr. Kunal Ganguly

For the State : Mr. Madhusudan Sur Mr. Dipankar Paramanick

Heard on : 11.03.2022

Judgment on : 11.03.2022

Jay Sengupta, J.:

This is an application challenging an order dated 05.01.2022

passed by the learned Chief Judicial Magistrate, Purba Bardhaman

in Galsi Police Station Case No. 569 of 21 dated 29.10.2021.

Learned counsel appearing on behalf of the petitioner submits

as follows. The petitioner is the owner of the vehicle in question. The

vehicle was seized in respect of two different police cases. In one

such case, the vehicle was released in favour of the petitioner.

However, the same was re-seized in connection with the instant case.

The petitioner had filed an application for return of the vehicle before

the learned trial Court on 3rd December, 2021. Although several

dates were fixed for hearing and in spite of the fact that the police

had also filed a report in this regard, the application for return of

vehicle has not been disposed of as yet. The same is pending for no

fault of the petitioner and the vehicle is bearing the brunt of the

weather.

Learned counsel appearing on behalf of the State submits that

when an application has been filed for return of the vehicle, the same

needs to be decided by the learned trial Court expeditiously.

I have heard the submissions of the learned counsels

appearing on behalf of the petitioner and the State and have perused

the revision petition.

It appears that the petitioner's application for return of vehicle

is pending for quite sometime.

In view of the above and in the interest of justice, I request the

learned trial Court to decide the question of return of vehicle after

hearing the necessary parties as expeditiously as possible, preferably

within a period of one month from the next date of hearing.

The merits of the case have not been gone into.

With these observations, the revisional application is disposed

of.

Urgent photostat certified copies of this order may be delivered

to the learned Advocates for the parties, if applied for, upon

compliance of all formalities.

(Jay Sengupta, J.)

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