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2023 Supreme(Cal) 626

SHAMPA DUTT (PAUL)
Sunil Kumar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Subhasis Mishra.
For the Respondent: Mr. Aditi Shankar Chakraborty, Mr. Ujjwal Luksom.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred against an impugned order dated 28.10.2022 and the impugned judgment dated 29.10.2022 passed by the learned Additional Session Judge, 1st Court, Cooch Behar (NDPS), in connection with NDPS Case No. 102 of 2021 under Section 21(b) (II) (c)/25/29 of the Narcotic Drugs and Psychotropic Substance Act arising out of Mathabanga Police Station Case No. 500 of 2021 dated 07.09.2021.

2. The Order under revision dated 28.10.2022 is as follows:-

    NDPS Case No. 102/21

Order No. 22

Dated 28.10.22

“……………….Today is also fixed for hearing on the point of returning of vehicle.

It is found that one of the Power of Attorney holder filed a petition to take back the seized vehicle bearing No. HR-55L-7603. Accordingly, report was called for from the I.O.

It is found that I.O vehemently opposes to return the said vehicle.

Perused the record and it shows that 102 kgs of ganja was recovered from the said vehicle. In the circumstances, I am not inclined to return the said vehicle to its registered owner. Accordingly, the prayer for returning of the vehicle is considered and rejected.”

Dictated & Corrected by,

Sd/-

Additional Sessions Judge, 1st

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