Manoj Kumar Gupta vs The State Of West Bengal
2023 Latest Caselaw 2596 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                        CRR 4619 of 2022


                        Manoj Kumar Gupta
                                 Vs.
                      The State of West Bengal

Mr. Moyukh Mukherjee
Mr. Sarthak Mondal
           ..for the petitioner

Item No.17

Heard & Judgment on:          17.04.2023

Bibek Chaudhuri, J.

The petitioner has challenged legality, validity and propriety of

the order dated 3rd September, 2022 passed by the learned Additional

Chief Judicial Magistrate, Sealdah in Ultadanga P.S. Case No. 247 of

2020 dated 22nd December, 2020 under Sections 7(i) (a)(ii) and 8 of

the Essential Commodities Act (hereafter described as the said Act).

Indisputably, on 22nd December, 2020 the Sub-Inspector of

Food and Edible Oil Section, Enforcement branch conducted raid at

the godown of M/s. Rakesh Enterprise and recovered and seized sacks

of chana dal weighing 50 kgs in each sack received by the State

Government under the Scheme of P.M. Garib Kalyan Anna Yojana, not

being permitted to sale.

The petitioner and one Sudhir Kumar Biswas who were present

in the godown at the relevant point of time of search and seizure were

named in the complaint.

It is the grievance of the petitioner that vide order dated 20 th

April, 2022, the learned Magistrate passed an order directing the

investigating officer to return the seized goods on execution of a bond

of Rs.30,000/-. However, on 3 rd September, 2022, the learned

Magistrate himself rejected the said order of return of the said goods.

The order dated 3rd September, 2022 passed by the learned

Magistrate runs thus:-

"It appears that this Court has already passed an order for

return of the seized articles on execution of bond vide order dated 20 th

April, 2022. Now, the accused again has prayed for necessary order

for return of the seized articles. The petition of the accused is

misconceived one and rejected."

On perusal of the materials on record, it is ascertained that the

Investigating Officer of this case submitted final report on facts. After

submission of final report the learned Magistrate directed the

Investigating Officer to further enquire into the question as to

whether the seized sacks of chana dal were PDS items or not. The

Investigating Officer clearly stated that the seized chana dal were not

PDS items.

In view of such circumstances, the seized chana dal was

required to be returned to the person from whom it was seized.

Mr. Mukherjee, learned advocate for the petitioner submits that

when in the criminal proceeding final report is submitted and further

report is submitted by the Investigating Officer that the seized

materials are not PDS items. The owner/the person from whose

possession the said goods were seized is not obliged to issue any

bond as a condition precedent for receiving the seized materials.

I have duly considered the submission made by Mr. Mukherjee.

In view of the materials on record which supports the

contention of Mr. Mukherjee, the order impugned cannot stand. The

learned Magistrate cannot direct the petitioner to comply with the

order dated 20th April, 2022 by executing a bond before receipt of the

seized goods.

For the reasons stated above and in view of the changing

circumstances as recorded hereinbefore, the order dated 20 th April,

2022 is modified and order dated 3rd September, 2022 is set aside.

The seized materials be returned to the petitioner on proper

identification. The petitioner need not submit any bond without final

report has been submitted by the police and the seized materials are

not PDS materials and do not fall within the mischief of Essential

Commodities Act.

With the above order, the instant revision is disposed of.

(Bibek Chaudhuri, J.)