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SHAMPA DUTT (PAUL)
Santosh Chowdhury – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
The present revision has been preferred against an order dated 24.06.2019 passed by the learned Judge, 3rd Special Court, Purba Burdwan in Sessions Case No. 08 of 2016, arising out of Kanksa Police Station Case No. 46 dated 28.01.2016 for offence punishable under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act 1985 and Sections 25/35 of the Arms Act, thereby refusing the prayer made under Section 457 of Code of Criminal Procedure for return of the seized vehicle of the petitioner.
The petitioner’s case is that the petitioner is the registered owner of an Omni bus (private use) being registration no. WB40Z2550, Model- Scorpio LX9ST, Chassis No.- MA1TA2MXND2K40971, engine no.- MXD4K 17574. The aforesaid vehicle was registered on 26.11.2013 by the Motor Vehicle Department of Government of West Bengal and said registration is valid up to 24.11.2028.
One Prabir Kumar Ghosh, S.I. of Kanksa Police Station lodged a complaint being Kanksa Police Station Case No. 46 dated 28.01.2016 for offence punishable under Section 20(b)(ii)(c)/29 of Narcotic Drugs and Psychotropic Substances Act 1985 and Sections 25/35 of the Arms Act against 10 persons.
The learned J
The court's decision emphasized the importance of adhering to the legal provisions of the Code of Criminal Procedure and following the guidelines set by the Supreme Court in similar cases.
The discretion available to the court under Section 451 of the Code of Criminal Procedure is a judicial one and must be exercised judiciously, not arbitrarily.
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