BIJOYANANDA CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. GK Bhattacharyya, learned Sr. counsel assisted by Mr. P. Sarma and Ms. M. Chakraborty, learned counsel for the petitioner. Also heard Mr. K. Monir, learned PP, Assam for the opp. party.

(2.) The Apex Court in Sunderbhal Ambalal Desai -Vs- State of Gujarat reported in AIR 2003 SC 638 in dealing with the disposal of the property pending the trial under Section 451 Cr. P.C. held in para 7 that the power under the said section should be exerised expeditiously and judiciously because it would serve various purposes namely:

(3.) In the light of the above propositions of law, now let us notice the factual matrix of the criminal revision in hand in the instant case in which the petitioner's prayer for custody of the vehicle bearing Registration No. AS-01 -G-3313 (Tata Safari) has been rejected by the Addl. Chief Judicial Magistrate, Guwahati by his order dated 14.8.03, the petitioner has stated that he on 29.7.03 lodged an FIR with the officer-in-charge of Panbazar Police Station at Guwahati alleging inter-alia that on 28.7.03 at about 6 pm one Sri Sumanta Bhagawati with another Sri Rupanka Goswami came to his office situated at Dr. J.C. Das Road, Panbazar, for friendly visit. There after they left his office at about 6.45 pm. Then Sri Sumanta Bhagawati called him over phone that their vehicle had been punctured opposite to his office and requested the petitioner to give his vehicle bearing No. AS-01-G-3313 (TATA SAFARI) to them as lift. After about 15 minute one of the staff of the petitioner, Sri Pabitra rushed to him and told that Sri Sugrib was shot. The petitioner immedidately came down to the place of occurrence and found that Sri Sugrib was having bullet injury on his right heal. After enquiry the petitioner came to know that Sri Sumanta Bhagawati had shot him alleging that he had punctured their vehicle for wrongfully parking it. He immediately brought the injured to M.M.C. Hospital at Panbazar and thereafter the injured was referred to the G.M.C. Hospital, Bhangagarh Guwahati. Accordingly the Panbazar PS case No. 1667 03 u/s 326/307/34 IPC r/w Section 25 (1)(A)/27 Arms Act was registered. After registering the case, the police started investigation. During the course of investigation, the I/O of the case on 19.7.03 has seized the petitioner's vehicle bearing NO. AS-01/G-3313, Engine No. 49 FRQ 738413 Chesis No. 403001 FRQ 987719 which has been registered in the name of M/s Purbanchal Banijya Bikash a proprietorial firm where the petitioner is the sole proprietor.