ILLIES ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred against the order dated 17-1-96 passed by the Ld. Chief Judicial Magistrate, Malda in N.G.R. case No. 2513 of 1989.

(2.) The case of the petitioner is that on 8-7-89 while he was standing by the side of National Highway No. 34 with 17 (seventeen) pieces of batteries of different sizes with a view to despatch the same, he was arrested by police and the batteries were seized on an allegation of offence under Section 4(1) B.C.L.A. Act. On 26-12-95 an application was filed by the petitioner before the Magistrate praying for discharge on the ground of non-compliance of Section 155(2), Cr. P.C. By impugned order of C.J.M. rejected the prayer of discharge.

(3.) Being aggrieved the present revisional application has been preferred alleging that the impugned order is not in accordance with law since the police machinery did not follow the procedure laid down in S. 155(2), Cr. P.C. It has also been alleged that the matter is pending for long 8 (eight) years without any contribution towards delay from the side of the petitioner. Accordingly, for the violation of the principles of Art. 21 of the Constitution as also for the violation of mandatory provision of S. 155(2), Cr. P. C. the present revisional application for quashing the said proceeding and discharging the accused has been filed.