SUBHAJIT SARKAR Vs. THE GENERAL MANAGER, EASTERN RAILWAY

JUDGEMENT

(1.) THE petitioner is the registered owner of a Tata Light Goods Vehicle, which was seized in connection with a case relating to the offence punishable under Section 3(a) of the Railway Properties (Unlawful Possession) Act, 1966 on the allegation, when it was intercepted by the police, the said vehicle was found loaded with stolen railway properties. I find from the materials on record that the learned Chief Judicial Magistrate, Hooghly by his order passed on 23rd August, 2012, ordered for release of the vehicle in question to the petitioner on furnishing a zimma bond of Rs. 10 lakhs and on other conditions. I further find that subsequently the case was transferred for disposal to the court of the learned Judicial Magistrate, 5th Court, Hooghly Sadar. Since in the meantime the Investigating Officer of the case on one pretext or other did not release the vehicle in spite of the court's order. The matter was brought to the notice of the learned Judicial Magistrate, 5th Court, Hooghly Sadar and the learned Magistrate by the impugned order held the vehicle in question cannot be returned to the petitioner as the same is the alamat of the case and consequently the petitioner's prayer was turned down.

(2.) HEARD the learned Counsel appearing on behalf of the parties. Perused the impugned order and the other materials on record.

(3.) HAVING heard the learned counsels for the parties, perusing the impugned order and considering the background facts as aforesaid and the law laid down by the Hon'ble Apex Court, in my opinion, the order impugned cannot be sustained and is accordingly set aside.