MADHU GOYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS criminal revisional application is directed against an order passed by the learned Additional Sessions Judge, Cooch Behar and Special Judge under N. D. P. S. Act, Cooch Behar, arising out of Mekhliganj P. S. Case No. 110 of 2007 dated 21. 11. 07 under Section 20 (b) (i) of the N. D. P. S. Act, whereby the learned Judge rejected the petitioner's prayer for return of the seized tea.

(2.) MR. Bagchi, the learned Counsel appearing on behalf of the petitioner submitted before this Court that the petitioner sent a consignment of tea from Guwahati to Uttar Pradesh to one of its party M/s. Milan Enterprises at Amroha, Uttar Pradesh through a private carrier viz. M/s. Greatway Carrying Corporation and in turn the said carrier sent the cosignment through its own truck to the cosignee. According to Mr. Bagchi while the said truck was proceeding through Cooch Behar for U. P. it was intercepted by the police and 225 Kgs. of Ganja was allegedly recovered from the said truck, which was found with the aforesaid consingment of tea. Mr. Bagchi submitted that the petitioner is absolutely innocent and in no way connected with the alleged offence and it might be that the driver and khalasi of the truck on their own carried the said contraband articles in the truck. Mr. Bagchi then submitted that the tea in question is an article which is subject to speedy and natural decay and unless the same be released immediately the entire tea will be perished.

(3.) HEARD Mr. Bagchi, the learned Counsel appearing for the petitioner as well as Mr. Ghoshal, the learned Counsel appearing for the State. Mr. Ghoshal, the learned Counsel very fairly submitted that this tea in question be released to the petitioner on execution of necessary bank guarantee.