LAWS(GAU)-2021-10-50

MISTU DAS Vs. STATE OF ASSAM

Decided On October 21, 2021
Mistu Das Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This revision petition, under sec. 397/401 of the Cr.P.C., is preferred by Smti. Mistu Das, W/o Dhananjoy Das of Dinhata Gram, P.O. Boranachina, P.S. Dinhata, District- Konch Bihar, West Bengal, challenging the legality, propriety and correctness of the order dtd. 4/8/2021, passed by ld. Judicial Magistrate 1st class, Gossaigaon in G. R. Case No. 420/2021, arising out of Gosaigaon P.S. Case No. 362/2021. It is to be mentioned here that vide impugned order, dtd. 4/8/2021, the ld. Court below has rejected the petition filed by the petitioner seeking custody of the seized 2800 kg of motihar (tobacco) leaves.

(2.) Heard Mr. A. Ahmed, ld. counsel for the petitioner and also heard Mr. D. Das, learned Addl. P.P. for the respondent No.1 and 2.

(3.) The factual background, leading to filing of the present revision petition is adumbrated herein below:-