MANIRUDDIN AHMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave to amend paragraph 3 of the revision application is granted.

(2.) This revisional application under section 401 read with section 482 of the Code of Criminal Procedure (hereinafter called the Code) is directed against the order dated 24.11.03 passed by the learned Sub Divisional Judicial Magistrate (hereinafter called the SDJM), Krishnagar in G.R. Case No. 1090/2003 thereby rejecting prayer of the petitioner for return of the seized articles.

(3.) The facts as it appears from the averments of the application are that, petitioner is proprietor of M/s. Neha Enterprise situated at Kaliachak and deals with import and export of goods. In course of his business on 27.07.02, he dispatched different kinds of copper materials in a private carriage bearing No. WB 73-1917 for delivery of the said materials at Cossipore in Calcutta. Nephew of the petitioner namely Bablu Ahmed was accompanying the driver of the vehicle. While the said truck was on its way to Calcutta, few miscreants claiming themselves as Customs Officer intercepted the truck and took away Bablu Ahmed in a car at Nabadwip. The miscreants fled away after dropping Bablu Ahmed at Nabadwip from where he came to Krishnagar and informed the petitioner over phone, and thereafter said Bablu Ahmed came to Bethaudahari at about 11am. Reaching the spot from where he was taken away, he found that their truck was missing. Bablu Ahmed lodged FIR with Nakashipara Police Station and on the basis of it Nakashipara P.S. Case No. 120 dated 29.07.02 under sections 379/407 of IPC was started. During investigation police arrested some of the miscreants who were identified in T.I. Parade, and thereafter, section 392/407 of the IPC has also been added. Police also recovered certain stolen materials and prepared seizure lists and the stolen materials which were recovered were identified by informant as well as by the petitioner.