DEB KUMAR ADAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under section 391//401 read with section 482 of the Cr. P.C. for setting aside the order dated 17.12.91 passed by the learned Sub-Divisional Judicial Magistrate, Chandernagar.

(2.) On 17.11.91 the excise staff attached to Tarakeswar Circle, District Hooghly seized the petitioner's Ambassador car being WBG 6412 on the allegation that 280 litres of I.D. Liquor contained in 8 polythine jars were found inside the same. The petitioner, owner of the vehicle and one of the accused in the case, filed an application for release of the vehicle on bond. The learned S.D.J.M. rejected the prayer on the ground that he has no jurisdiction to pass any order regarding custody of the seized vehicle and the District Collector is only competent to pass any order regarding custody of the carrier. The petitioner has moved this court against the said order.

(3.) Mr. Kazi Safiullah, learned Advocate for the petitioner has contended that under section 65(1) (b) the Excise Commissioner, the Collector or any Excise Officer not below the rank of Inspector of Excise authorised by Collector or general or special order may release the seized property before the case is lodged before the Magistrate which necessarily means that after the case is lodged before the Magistrate, the Magistrate is empowered to deal with the custody of the seized property. It has been contended on behalf of the State that no prosecution report in the form of chargesheet as yet been submitted and the learned Magistrate has not taken cognizance and as such it cannot be said that the case has been lodged before the Magistrate.