SAKTI STEEL TRADERS Vs. ASHOKE CHAKRABORTY

JUDGEMENT

(1.) This appeal has been filed against an order passed by a learned Judge of this Court dismissing the application filed on behalf of the appellant for a writ of mandamus directing the respondents to restore possession of the articles seized from the godown of the appellant, on the basis of a search warrant, issued without any authority in law by the Sub-Divisional Judicial Magistrate, Serampore.

(2.) According to the appellant, it deals in iron and steel scrap rerolling and for that purpose from time to time it has been purchasing the condemned wagons, iron and steel scraps from railways.

(3.) On 7/08/1988, Truck No. WBQ-754 was intercepted by the Railway Protection Force at Dankuni. The vehicle was seized and the driver and the khalashi were arrested. Thereafter a complaint was made, alleging that the goods seized were stolen railway property and had been unlawfully obtained, as such action be taken in accordance with the provisions of the Railway Property (Unlawful Possession) Act, 1966. On the basis of the said complaint a case (Bally R.P.F. Post Case No. 3(8) of 1988) was registered. Thereafter an application was made before the Sub-divisional Judicial Magistrate, Serampore, for issuance of search warrant for search of the godown of the appellant at Howrah. The Sub-divisional Judicial Magistrate, Serampore, issued a search warrant, on the basis of which the godown of the appellant in the District of Howrah was searched on 13-8-1988 and articles in question were seized. Later the seized articles were removed from the godown of the appellant.