TAUHID @ TAUHAID Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is directed against the order dtd. 7/12/2021 passed by the Learned Additional Chief Judicial Magistrate, Siliguri, in G.R Case no. 3268 of 2021 arising out of Phansidewa Police Station Case No.346 of 2021 dtd. 24/7/2021, by which Learned Magistrate refused to return the seized vehicle to the petitioner during pendency of the criminal case.

(2.) Learned Counsel appearing on behalf of the petitioner submits that the vehicle bearing no. UP 21 CN 8488 belonging to the petitioner was seized on 24/7/2021 or the allegation collision of between the said vehicle of the petitioner and other vehicle bearing no. UP 78 CN 1425.

(3.) Learned Counsel submits that the petitioner is the owner of the said seized vehicle and the said vehicle should have been returned to the petitioner on interim custody. In support of his contention he has relied on the decision of the Hon'ble Apex Court in "Sunderbhai Ambalal Desai vs. State of Gujrat" reported in (2002) 10 SCC 283".