AKKEL ALI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the present revisional application the petitioners impugn an order dated 30th April 1986 passed by the learned Sub-Divisional Judicial Magistrate, Hooghly Sadar rejecting the prayer of the petitioners for return of Rs. 36,000.00 and the necessary documents seized from their Savings Account No. 3372 of 1982 on Allahabad Bank, Purbasthali Branch by a notice in connection with Mogra P.S. Case No.9 dated 6/10/18982 under section 395 and sections 25 and 27 of the Arms Act. It is the contention of the petitioners that they are cultivators and they possess considerable landed properties in or around their village Babaidanga. P.S. Purbasthali in the District of Burdwan. They jointly hold Savings Account No. 3372 of 1982 with the Allahabad Bank. Purbasthali Branch. District Burdwan. They opened Bank Account on November 9, 1982.

(2.) Five separate documents of sale were executed between 28/10/1982 and 11/11/1982. By these conveyances the petitioner No. 1 sold more or less eight big has of agricultural land to one Sk. Jalil son of Md. Mohit Sk. Of Village Tanaghata P.S. Purbasthali for a total consideration of Rs. 40,000.00 In two installments viz, on November 9, 1982 and November 11, 1982 the aforesaid conveyances were registered. On 9th November, 1982 two deeds were registered and the total consideration under these two deeds were Rs. 16,000.00. Similarly three other deeds were registered on November, 11, 1982 for a total consideration of Rs. 24,000.00. The entire sale proceeds of the deeds registered on November, 9, 1982 were deposited with the Allahabad Bank. Purbasthali Branch. On November 11, 1982 a sum of Rs. 20,000.00 out of Rs 24,000; received as sale proceeds of the three deeds registered on November 11, 1982 has also deposited in the same account with the Allahabad Bank. The balance sum of Rs. 4000/was retained as cash money with the petitioner No.1 for his personal expenses. All these lands were sold to Sk. Jalil in good faith for valuable consideration.

(3.) On December 9, 1982 in connection with Mogra P.S. Case No.9 dated 6/10/1982 Under section 395 and section 26 and 27 of the Arms Act one Sri N.C. Pal, S.I. attached to DEB Hooghly seized all these documents relating to the Savings Bank Account No. 3312 of 1982 at Allahabad Bank Purbasthali Branch as stated earlier. On 10/12/1982 in course of investigation of the aforesaid case the Investigating Officer examined petitioner No.2 and recorded his statement under section 161 Cr. P.C. and forwarded him to the court for recording his statement under section 164 Cr. P.C. which was duly recorded by Sri M. Ghose, Judicial Magistrate, 1st Class. Hooghly Sadar.