JUDGMENT :

1. This revision petition, under section 397/401 of the Cr.P.C., is preferred by Smti. Mistu Das, W/o Dhananjoy Das of Dinhata Gram, P.O. Boranachina, P.S. Dinhata, District-Konch Bihar, West Bengal, challenging the legality, propriety and correctness of the order dated 04.08.2021, passed by ld. Judicial Magistrate 1st class, Gossaigaon in G. R. Case No. 420/2021, arising out of Gosaigaon P.S. Case No. 362/2021. It is to be mentioned here that vide impugned order, dated 04.08.2021, the ld. Court below has rejected the petition filed by the petitioner seeking custody of the seized 2800 kg of motihar (tobacco) leaves.

2. Heard Mr. A. Ahmed, ld. counsel for the petitioner and also heard Mr. D. Das, learned Addl. P.P. for the respondent No.1 and 2.

3. The factual background, leading to filing of the present revision petition is adumbrated herein below:-

“The petitioner is a businesswoman by profession and running business of jute and tobacco in the name and style of M/S M.D. Tobaco. She has valid Trade licence No. 726, dated 23.12.2020, issued by Dinhata village-I Gram Panchayat. On 11.07.2021, one Truck, bearing registration No. AS-01-GC-7873, was carrying 2800 KG of loose moti