( 1 ) THIS Rule is directed against an order passed by the Additional Chief Presidency Magistrate, Calcutta making over a lorry seized by the police to the accused opposite party No. I on a bond.

( 2 ) THE petitioner filed a petition of complaint before the Additional Chief Presidency Magistrate, Calcutta making certain allegations of cognizable offences against the opposite parties in respect of lorry No. WGA 2079. The Additional Chief Presidency Magistrate without himself taking cognizance of the alleged offences directed the police to make investigation under Section 156 (3) of the Code of Criminal Procedure. The police thereupon treated the said petition of complaint as the First Information Report and started investigation into the alleged offences. During investigation the police arrested opposite party No. I and seized lorry No. WBK 1425 from his possession. The next day, the police produced opposite party No. 1 before the Additional Chief Presidency Magistrate who granted him bail. The police simultaneously informed the said Magistrate about the seizure of the lorry and prayed for custody of the same which was directed to be kept with the police. Subsequently on February 1

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