RISHI AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is an accused in connection with G.R. Case No. 87 of 2019 arising out of Mallarpur Police Station

(2.) The petitioner has challenged legality, validity and propriety of an order dtd. 21/10/2021 passed by the learned Magistrate in the aforementioned case upon an application filed on behalf of the petitioner praying for return of the seized articles. It appears from the seizure list dtd. 3/4/2019 that as many as 38 items of gold jewellery, some of which studded with valuable stones were seized as 'Alamats' of Mollarpur Police Station Case No.29 of 2019 dtd. 30/1/2019, subsequently registered as G.R. Case No.87 of 2019.

(3.) The petitioner filed an application praying for return of the seized articles on production of wealth tax receipts of the seized ornaments claiming to be ornaments belonging to the family of the petitioner and not 'Stridhan' properties of the opposite party No.2. The learned Magistrate refused the prayer for return of the seized ornaments to the accused /petitioner on the ground that he failed to produce any document of ownership in respect of the said ornaments and wealth tax receipts are not documents of ownership of the seized ornaments. It is also recorded by the learned Magistrate that the de facto complainant /opposite party No.2 could not produce any document of ownership in respect of the said ornaments.