KAMALA PRASAD Vs. STATE

JUDGEMENT

(1.) In the night between March 1 and March 2, 1985 the Inspector-in-charge of Siliguri Police Station intercepted a truck bearing registration No. WGV 5669 near Sevoke Police Post and recovered 131 caroms of Bhutan made foreign liquor there from. As the six occupants of the trucks including the driver, failed to produce any license or authority to carry the liquor the Inspector-in-charge sized the liquor and the truck under a proper seizure list and arrested all the occupants. Thereafter, on March 3, 1985 he forwarded the arrested persons together with a report to the Sub-divisional Judicial Magistrate, Siliguri.

(2.) On March 9, 1985 Sri Kamala Prosad, the petitioner herein, claiming himself to be the owner of the truck filed an application before the Sub Divisional Judicial Magistrate, Siliguri praying for return of the truck. The learned Magistrate rejected the application and aggrieved thereby the petitioner filed an application in revision before the learned sessions Judge, Darjeeling who directed return of the truck to the owner on a bond to the satisfaction of the Sub-Divisional Judicial Magistrate, Siliguri. In terms of the said order the petitioner furnished a bond before the learned Sub-divisional Judicial Magistrate, Siliguri for acceptance but he refused to accept it as it was brought to his notice by the Excise Department that the petitioner was not the registered owner of the vehicle.

(3.) Ageist such rejection the petitioner moved an application in revision in this Court and after hearing the learned Advocates appearing for the State and the petitioner, this Court disposed of application on May 2, 1985 directing the learned Sub-Divisional Judicial magistrate, Siliguri to enquire as to whether the claim of the petitioner that he purchased the vehicle from its registered owner was genuine or not and to return the vehicle to the petitioner if the claim was genuine.