SANKAR ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Lawyer for the petitioner. The learned Lawyer for the petitioner assails an order dated 28-2-2011 passed by the Learned Metropolitan Magistrate, 5th Court, Calcutta in Case No. C-2248 of 2003 wherein his prayer to return the seized gold bars were turned down.

(2.) The learned Lawyer for the petitioner submits that the Collector of Customs under the provisions of the Customs Act pursuant to an adjudication permitted return of the seized gold bars to the petitioner on payment of redemption fine. He submits documents before this Court that such redemption fine has already been paid. He, therefore, submits that the seized gold bars cannot be forfeited to the State and he is entitled to return of the seized gold bars pending trial of the instant case.

(3.) I have considered the submissions of the petitioner and have also gone through the materials on record.