SANJAY GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ORDER dated 9.7.2013 passed by the learned Additional Chief Judicial Magistrate, Baruipur in G. R. Case No.1222 of 2013 arising out of Kolkata Leather Complex Police Station Case No.64 of 2014 dated 28.3.2013 under Section 279/302/201 of the Indian Penal Code refusing to return the seized vehicle to the petitioner has been assailed.

(2.) THE petitioner claims to be the owner of Truck being No.WB 11B 5962. He has pleaded that he had purchased the said vehicle from one Joy Ram Rai vide agreement dated 16.3.2012. A general power of attorney is claimed to have been executed by the said Joy Ram Rai in his favour to use the said vehicle. The learned Magistrate turned down the prayer of the petitioner on the premise that the investigating agency opposed its return as he was not the registered owner of the vehicle.

(3.) MR . Pachhal, learned advocate appearing for the petitioner submitted that the vehicle has been sold to the petitioner by the registered owner and the agreement for sale as well as the general power of attorney executed by the registered owner in favour of the petitioner, has been annexed to the petition. Mr. Banerjee, learned Additional Public Prosecutor submits that the documents were not placed before the learned Magistrate.