KIRODIMAL AGARWALLA Vs. THE STATE

JUDGEMENT

(1.) This is an application on behalf of the State with a prayer for recalling an order dated 25.5.82 pass d by this Court in connection with Criminal Revision Case No. 913 of 1982. The petitioner in the above case (Criminal Revision Case No. 912 of 1982) is the owner of a shop styled as M/s Mangturam Krirodimall at 2B, Rabindra Sarani, Terethi Bazar, Calcutta. This firm carries on business in edible oils amongst other articles. It is the case of the petitioner that he had obtained Trade Licence from the Corporation of Calcutta and also a Licence from the Rationing Department for dealing in edible oils under the Dealers Licensing Order, 1977. It is the further case of the petitioners that the petitioner purchased edible oils in bulk from the wholes. Hers in barrels and repacked the same in tins for convenience of selling to intending purchases. On 17.5.82 some Police Officers of the Enforcement Branch, Calcutta raided the shop of the petitioners at 14.30 hours and seized 45 tins of palm oil containing 15.5 kgs in each tin and also seized 105 tins of refined rape seed oil containing 15.5 kgs in each tin along with the stock and rate board of the said firm together with other documents. As the petitioner could not produce his licence and other documents to show that he had legal authority to possess edible oil before the Police Officers, the petitioner was arrested and enlarged on bail later by the learned Magistrate. On 20.5.82 the petitioner made an application before the learned Magistrate for return of the seized oil. The petitioner contended that he had purchased the oil from Shakti Oil Co. of 13, Russa Road, 3rd Lane, Calcutta 33 and from Pradip Traders of P-45 Strand Bank Road, Calcutta and that the goods were delivered to the petitioner's firm under challans, that the said quantity of oil was duly entered in the books of account of the firm and hence there was no violation of law. The learned Magistrate on 20.5.82 on the application for return of the seized articles called upon the investigating officer to submit a report by 27.5.82 although the Investigating Officer was present in Court on that date. It is contended on behalf of the petitioner, that in fact amounted to rejection of the application for return of the goods. Be that as it may, the petitioner moved an application before this Court on 24.5.82 and after hearing both the parties including the learned Advocate for the State who, however, could not give much assistance as he did not receive any instructions from the Investigating Officer in time, the order dated 25.5.82 was passed by this Court.

(2.) Mr. Sankardas Banerjee, learned Counsel appearing for the petitioner produced the licence on behalf of the petitioner, the challans in respect of the seized goods and also the Municipal Trade Licence. On being satisfied, the said order dated 25.5.82 was passed to the effect that the seized goods may be returned to the petitioner on his executing a bond to the satisfaction of the learned Magistrate and if necessary some specimen may be kept by the Investigating Officer for the purpose of investigation. After this order was passed and believe the bond was executed before the learned Magistrate, the application in question for recalling the said order was made on behalf of the State.

(3.) It is contended on behalf of the S'.ate that this order dated 25.5.82 for release of the goods was obtained by suppression of material facts and fraud was played upon this Court by production of forged documents and challans. If the true state of facts were disclosed to the court, this order would not have been passed. On the other hand, a preliminary objection is taken by Mr. Sankardas Banerjee appearing on behalf of the petitioner. It is contended by Mr. Banerjee that once the Court has passed an order and signed the same Sec. 362 of the Code of Criminal Procedure is a bar to altering the same and in this connection. Mr. Banerjee has cited several cases both of the Supreme Court and this Court These cases are reported in AIR 1981 SC 736, AIR 1978 SC 1310, AIR 1975 Cal 662 and AIR 1969 Patna 415.