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2024 Supreme(Cal) 1094

AJAY KUMAR GUPTA
Surajit Das – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. P.K. Khan, Adv., Mr. Somdev Ash, Adv., Ms. P. Dey, Adv., Ms. S. Mukherjee, Adv., Mr. S. Dutta, Adv.
For the State : Mr. Sandip Chakraborty, Adv.

JUDGMENT :

Ajay Kumar Gupta, J.

1. The petitioner being the owner of the vehicle No. WB 32J-4623 has filed this revisional application challenging the propriety, legality and correctness of an order dated 12.12.2022 passed by the Learned Judge, Special Court, Tamluk, Purba Medinipur in connection with NDPS Case No. 18 of 2022, under Sections 20(b)(ii)(c)/25/29 of NDPS Act, 1985 arising out of Egra P.S. Case No. 735/22 dated 13.10.2022 pending before the aforesaid court, thereby the learned Court below refused to return the vehicle bearing No. WB 32J-4623 along with its seized documents to the registered owner holding therein that if the vehicle would be released, this vehicle will further use to carry Ganja or any type of illegal activities.

SUBMISSIONS ON BEHALF OF THE PETITIONER:

2. Learned counsels appearing on behalf of the petitioner submitted that the petitioner is the registered owner of the vehicle being registration No. WB 32J-4623 bearing Chasis No. MA3FSEB1S00529308, Model Name Swift Dzire Tour BS Ltd., registered on 16th June, 2016 and Tax valid upto 15th June, 2026, having licence being no. WB-3120110874048 issued dated 14. 02.2011. The vehicle used to park in front of his

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