KAMALUDDIN MONDAL Vs. STATE

JUDGEMENT

(1.) BY this application prayer has been made for appropriate order for return of the Motor Cycle to the petitioner which was seized in connection with Tehatta P. S Case No. 120 of 2007 dated 17. 4. 07 under Sections15/ 17/18/29 of N. D. P. S Act now pending before the learned Judge, Special court, N. D. P. S Act, Nadia being Case No. 94/07.

(2.) THE order of the learned Judge, Special Court dated 5. 7. 07 passed in N. D. P. S. Case No. 94/07 is under challenge. The learned Judge before whom prayer was made by the petitioner for return of the Motor Cycle bearing no WB-24/t. A-1035, register the prayer observing that since this was the alamat of the case and charge-sheet has been submitted it could not be returned and more particularly this motor cycle was used by the accused persons in transporting narcotic substance. Before the learned Single Judge it was submitted by the petitioner's learned Counsel that the seized motor cycle was a new one and the owner of the vehicle handed overt the motor cycle to the accused persons at their request just to have a joy ride.

(3.) I have heard the learned Advocate for the petitioner and the learned Advocate for the State of West Bengal.