Gauhati High Court
Pradip Kumar Karmakar vs The State Of Nagaland And Anr on 14 June, 2022
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GAHC010206612021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./278/2021
PRADIP KUMAR KARMAKAR
S/O LATE PARITOSH KARMAKAR, R/O ALTAPUR, KARANDIGHI, UTTAR
DINAJPUR, WEST BENGAL, PIN-733215
VERSUS
THE STATE OF NAGALAND AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, NAGALAND
2:VEKUKHU
C/O OFFICER-IN-CHARGE
EAST POLICE STATION
DIMAPUR
NAGALAND
PIN-79711
Advocate for the Petitioner : MD. S ALOM
Advocate for the Respondent : PP, NAGALAND
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BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
JUDGMENT AND ORDER
14 .06.2022
Heard Mr. T. J. Mahanta, learned senior counsel representing the petitioner as
well as the learned Public Prosecutor, Nagaland and Mr. T. Islam, learned counsel
appearing for the respondents.
2. This is an application under Section 397 and 401 of the CrPC read with Section
482 of the said Code whereby the Judgment and Order dated 26.10.2021 passed by
the Chief Judicial Magistrate, Dimapur in GR Case No. 639/2019 (East PS Case No.
205/2019) rejecting the prayer of the Officer in-charge of Mao Police Station, District
Senapati for re-examination and re-settling the vehicle of the petitioner bearing
registration no. WB-59B-4327.
3. The petitioner is the owner of a truck bearing registration no. WB-59B-4327. On
10.06.2019, the truck loaded with broken rice left for the State of Assam. But the truck
did not reach its destination nor any information from the driver was received.
Alleging the aforesaid fact, the petitioner filed one FIR before Police at Karandighi
Police Station in the district of Uttar Dinajpur, West Bengal.
4. Thereafter, on 16.08.2019, Police of the State of Nagaland found the vehicle in
an abandoned state at Nagamese Church, Burma Camp, Dimpapur. Police
immediately seized the vehicle on the basis of the East P.S. GD Entry No. 09/2019. The
necessary affidavit to that effect was lodged by Lance Naik Katovi Sumi. The truck
was suspected to be a stolen one. Therefore, Police brought the truck to the Police
Station and the East P.S. Case No. 0205/2019 under Section 379 of the IPC was
registered.
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5. East Police Station sent a WT Message to RTO, Ranganj of Jalpaiguri district,
West Bengal to provide detailed information about the said truck bearing registration
no. WB-59B-4327. Because the said truck was registered there. In fact, East Police
Station had sent WT Messages to all the Police Stations of India for receiving
information about the truck. But the said messages were never replied by any of the
Police Stations of the country.
6. In such a condition, a person called Vekuhu (respondent no. 2), a resident of
Supply Colony, Dimapur, filed an application stating that since the vehicle was
unclaimed by any persons, it should be disposed of by way of auction. Therefore, the
Chief Judicial Magistrate, Dimapur vide order dated 29.10.2020 allowed the Police to
sell the vehicle in auction. The respondent no. 2 deposited Rs.50,000/- on 02.11.2020
through a treasury challan drawn in favour the Secretary, Justice & Law Department,
Nagaland and took custody of the vehicle.
7. Now, the petitioner has claimed that the learned Chief Judicial Magistrate
without ascertain anything about true owner of the vehicle allowed the vehicle to be
sold in auction.
8. The petitioner has submitted that he came to know about the aforesaid fact
on 11.10.2021. In fact, he got the information that his vehicle was plying on the N.H.
No. 2 near Mao Gate area in district of Senapati, Manipur. The son of the petitioner
came to Mao Police Station and on the basis of the information given by him, Mao
Police Station made the GD Entry No.10/Mao-PS/2021 dated 13.10.2021. Police
embarked upon an investigation then it only came to light that the vehicle was in the
custody of the respondent no. 2.
9. On the basis of the GD Entry No.10/Mao-PS/2021 dated 13.10.2021, on
15.10.2021, the Officer in-charge of Mao Police Station filed an application before the
Chief Judicial Magistrate, Dimapur, Nagaland praying for re-examination and re-
settlement of the vehicle bearing registration no. WB-59B-4327.
10. On 26.10.2021, the learned Chief Judicial Magistrate, Dimapur held that since
a final order was already passed by this court, it did not have jurisdiction to review its
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own order and advised the petitioner to approach the higher court.
11. I have given my anxious consideration to the submissions made by the learned
counsels for both the sides.
12. This court is of the opinion that for disposal of this petition, no special
knowledge of law is required. The vehicle of the petitioner was stolen by its driver and
the petitioner filed an FIR to that effect in the State of West Bengal. Thereafter, the
truck was found in the State of Nagaland. The Police in the State of Nagaland has
sent WT Messages to all the Police Stations of the Country to seek information about
the owner of the vehicle. None of the Police Stations of the country replied to that WT
Message. Thereafter, without losing any time, Police of Nagaland auctioned the
vehicle at a nominal price of Rs.50,000/- only whereas the value of the vehicle was
many times more than that price. Now, the petitioner came to know about his
vehicle and filed the application before the Court seeking reviewing that order
allowing auction of the vehicle. The Court held itself to be functus officio and advised
the petitioner to approach the higher court.
13. This court is of the opinion that the petitioner deserves to be given back his
vehicle. The Officer in-charge of the concerned Police Station is directed to seize the
vehicle from the respondent no. 2 and to give custody of the same to the petitioner.
14. With the aforesaid direction the present civil revision petition is disposed of.
JUDGE
Comparing Assistant
