CHANDAN KUMAR BANIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Judgment of the Court was delivered by -By filing this application under section 401 read with section 482 of the Code of Criminal Pracedure the revisionist has sought to challenge an order dated July 16, 2008 passed by the learned Chief Judicial Magistrate, 24-Parganas (South) at Alipore, in T.R. Case No.5 of 1988 which arose out of Raina P.S. Case No.3 dated 5.6.1981 under section 21(1) of the West Bengal Cold Storage (Licensing and Regulation) Act 1966 (in short said Act).

(2.) Heard Mr. Das, learned counsel for the petitioner in support of the instant revisional application. Mr. Satpathi, learned counsel appearing on behalf of the State has opposed the revision and has supported the findings arrived at by the learned Chief Judicial Magistrate, 24 - Parganas (South), in the order impugned.

(3.) Being aggrieved by and dissatisfied with the aforementioned order of the learned Chief Judicial Magistrate, 24-Parganas (South) at Alipore, the petitioner has preferred this revisional application mainly on the ground that the learned Magistrate has committed an error in reviewing his earlier order whereby the return of seized potatoes was ordered on 24.02.92. It is also vehemently argued by him that the learned Court below has also ignored the factual position that emerges from the final report itself which indicates that there was seizure of forty thousand packets of potatoes from the cold storage of the petitioner. The Police Sub-Inspector's claim in the final report that potatoes were returned to the producers after seizure is, however, disputed by him on the ground that save and except a mere reference in the final report no other document is forthcoming in support of such contention. It is, therefore, submitted by him that this Court would either pass a direction upon the investigating agency to return the said forty thousand sacks of potatoes to the petitioner or to remand the matter to the learned Chief Judicial Magistrate, 24-Parganas (South) at Alipore, for hearing the same afresh.