RABI RANJAN OJHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisonal application has boon filed challenging the order dated 13.5.2011 passed in N.D.P.S. Case No. 7 of 2010 by learned Additional District and Sessions Judge, 4th Court, Paschim Midnapore thereby rejecting the prayer of the petitioner to return the seized car. Mr. Pushphal Satpathi, learned Advocate appearing for the petitioner has contended that the petitioner is the owner of the car. It is alleged that the car was used for carrying narcotic substance i.e. 20 kg. of ganja from the side of Orissa towards Kharagpur-Kolkata through National Highway-60, The car was detained at Hasimpur' under P.S. Dantan, Paschim Midnapore. The case has been chargesheeted. The petitioner/owner of the car has not been sent up in the chargesheet. Investigating Officer prayed for his discharge as no evidence was there against him. The petitioner submitted an application praying for getting back the car but the learned Court below has rejected it. The order may be interfered with and set aside. He has referred a decision reported in Sunderbhai Ambalal Desai vs. State of Gujarat, 2003 CalCriLR 122 in support of his contention.

(2.) Mr. Joydeep Biswas, learned Advocate appearing for the O.P. State has contended that car has registration of the State of Orissa. It was carrying narcotic substance and detained within the State of West Benga District-Paschim Midnapore. It had no valid permit to ply in the State of West Bengal. The order impugned as specific and based on substitute reasoning. It may not be interfered with.

(3.) Perused the order impugned and the charge sheet submitted in this case. The chargesheet shows that the petitioner is the owner of the car/Xylo Mahindra car bearing Registration No. OR-05AK/9289. It is an admitted fact that the car has been seized in connection with the case pending before the learned Court below and is now lying at the police station. The FIR in connection with the case was registered on 19.11.2010. It reveals from the chargesheet that no evidence was collected against the petitioner/owner and he has no involvement in connection with the case. The vehicles is lying idle and gaining dust at the police station since the date of seizure, i.e. initiation of the case through FIR being No, 189 of 2010 dated 19.11.2010, more specifically to say for the last eight months. The learned Court below has pointed out in the order that the car had no valid permit to travel in West Bengal. It is not clear as to whether any separate case has been registered regarding the fact that the car was plying in West Bengal without permit. The Hon'ble Apex Court has observed in the decision noted above that, whatever be the situation, it is of no use to keep seized vehicles at the police station for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time." It is an admitted fact that the vehicle is lying idle for the last eight months approximately.