ARUN KUMAR MISHRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE truck in question was seized in connection with an offence punishable under Section 5 of the West Bengal Molasses Control Act, 1973 for alleged contravention of Section 3 of the said Act, read with Rule 18 (2) of the West bengal Molasses Control (Regulation, Storage and Transport) Notified Order, 1986 by the Excise Officer, when the present petitioners claiming to be the registered owner of the said truck made a prayer before the Learned Chief judicial Magistrate, Raiganj, Uttar Dinajpur for return of the same. Since, their such prayer has been rejected by the court below, the legality and propriety of such order is now challenged in the instant criminal revisional application.

(2.) HEARD the learned Counsels appearing on behalf of the parties. Perused the impugned order and other materials on record.

(3.) IT appears from the impugned order that the Learned Magistrate rejected the prayer for return of the vehicle on the ground that after the seizure of vehicle on the prayer of the Investigating Officer, a confiscation proceeding has been initiated in respect thereof and the same is still pending as such it is the collector concerned who alone can consider the question of custody of the seized vehicle. The Learned Magistrate was of the further opinion till the prosecution report is filed he is not competent to decide the question of custody.