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2024 Supreme(Cal) 1088

AJAY KUMAR GUPTA
Tarun Kumar Majhi – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pinak Kumar Mitra, Adv., Mr. Soumen Nanda, Adv.
For the State : Ms. Faria Hossain, Adv., Ms. Suparna Chatterjee, Adv.

JUDGMENT :

Ajay Kumar Gupta, J.

1. By filing this revisional application, the petitioner has challenged the propriety, legality and correctness of the impugned Order No. 2 dated 20th April, 2021 passed by the learned Additional Sessions Judge, 3rd Court, Burdwan in Criminal Misc. Case No. 578 of 2021, thereby rejected the prayer of the petitioner for releasing of the seized vehicle being registration No. WB-52 AG-4147 involved in Special Case No. 34 of 2017 arising out of Nandan Ghat Police Station Case No. 180 of 2017 dated 15.07.2017 under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. The essential facts of the instant case are relevant for the purpose of disposal of this instant case as under:

2a. The petitioner is an advocate by profession and in the year 2017, he purchased a vehicle, namely, Hyundai Xcent Car being registration No. WB – 52 AG-4147 financed by Axis Bank amounting to Rs. 5,95,796/- payable in 84 months equal instalments at the interest rate 9.50% in connection with the car loan account number AUR000502322954.

2b. It is the contention of the petitioner that the said car was seized by the police in connection with Nandan G

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