STATE OF W B Vs. S BOSE

JUDGEMENT

(1.) One Sanjoy Santra of Haripal, Hooghly, was charged sheeted as the owner of Truck No. WGA 4289 along with the driver of the said truck in connection with Chhatna P. S. Case No. 12(9)83 under S. 7( 1 )(a)( ii) of Act X of 1 C)55 (The essential Commodities Act) but the Prosecution case failed against both of them before the learned Special Judge. Therefore. Sanjoy Santra filed an application for return of the fine of Rs. 3000/- paid by him In lieu of confiscation of the said truck. as imposed by the learned District Magistrate and Collector. This application for return of the said fine was rejected and the said petitioner filed a Criminal Revisional application before the learned Sessions Judge. Bankura for setting aside the said order. The learned Sessions Judge Sri S. Bose) therefore on 18-12-84 called for the records of confiscation Case No. 11 of 1983 and Chhatna P. S. Case No. 12(9)83 and directed the revisional application to be put up on 3-1-85 for hearing on the point of admissibility. He also directed the learned Public Prosecutor to appear on that date for hearing.

(2.) The record of Chhatna P. S. Case No. 12(9)83 was duly received on 3-1-85 by the learned Sessions Judge from the Court of the Special Judge. Bankura but the learned District Magistrate and Collector (Sri K. Chaudhuri) refused to send up the records of confiscation Case No.11 of 1983 by his order dt. 20-12-84. The said order dt. 20-12-84 reads as follows ;-

(3.) Instead of sending the records the learned District Magistrate and Collector on 26-12-84 passed the following order:-