CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDICTION APPELLATE JURISDICTION PRESENT:

The Hon’ble Justice Apurba Sinha Ray CRR 153 of 2024 Union of India Vs.

The State of West Bengal & Anr.

FOR THE PETITIONER : Mr. Ratan Banik Mr. Sankar Sarkar Mr. Saptarshi Banik FOR THE STATE : Mr. Aditi Shankar Chakraborty, Ld. APP Dr. Arjun Chowdhury FOR ORDERS ON : MARCH 12, 2025 THE COURT:

1. This revisional application has been filed against the orders dated 07.12.2023 and 07.02.2024 of the Learned Chief Judicial Magistrate, Alipurduar passed in G.R. Case No. 1919 of 2023 whereby he released one TATA container vehicle bearing no. HR/38-D/4625 in favour of the respondent no. 2 on the zimmanama bond.

2. It appears from the record, in spite of service of notice upon the respondent no. 2 Mr. Rajesh Kumar Sharma, he did not appear to contest the instant proceeding. The record further shows that the instant matter is pending from the month of April, 2024. As the respondent no. 2 did not appear in spite of service notice, I proceed to dispose of this revisional application on merits.

3. The brief fact of the case, as has been narrated, is:-

“On 11.10.2023, a complaint was lodged by the ASI, Karna Kumar Barman on the basis of a suspicion that one TATA container 6 (six) wheeler vehicle bearing registration no. HR/38-D/4625, loaded with 15 (fifteen) big cartons of cigarettes of ESSE Light and other brands. At this a specific case was started vide Kumargram P.S. Case No. 208/2023, dated 11.10.2023, under Section 379/411/414 of the Indian Penal Code, read with Section 7, 13, 16 and 20 of the COTP Act, 2003. Subsequently, the accused Samim, the driver of the vehicle loaded with cigarettes, was arrested and produced before the Ld. Chief Judicial Magistrate, Alipurduar on 11.10.2023 and thereafter, on 04.11.2023, he was released on bail. On 16.10.2023, the Investigating Officer prays for handing over the case to the Customs department, Alipurduar Preventive Unit and on the prayer of I.O. the Ld. Chief Judicial Magistrate, Alipurduar made a direction upon the I.O. to handover the case record along with all the relevant documents to the Customs department, after observing all the legal formalities and to submit his compliance report. On 18.10.2023 the seized cigarettes of foreign origin and the vehicle, together with the Seizure List, FIR Copy and all relevant documents were handed over to the Alipurduar Customs Preventive Unit. After receiving those items the customs authority seized those items under Section 110 of Customs Act and started a Seizure Case vide No. 03/IMP/CL/CIG/POL/CUS/APDPU/2023-24, dated 18.10.2023. Thereafter, on the prayer of owner of the vehicle on 07.12.2023 the Ld. Chief Judicial Magistrate, Alipurduar passed an order for returning the seized vehicle alongwith all documents except Driving Licence to the Petitioner/ Power of Attorney holder Rajesh Kumar Sharma. On 07.02.2024 the Ld. Chief Judicial Magistrate, Alipurduar after rejecting the prayer of Customs department directed the Enquiry Officer to produce the vehicle by 4 p.m. without further delay and to show-cause as to why the proceedings under Section 174 IPC shall not be initiated against him.”

4. Mr. Banik, the learned counsel for the revisionist/Union of India, has submitted that under the provisions of the Customs Act, 1962, the vehicle which carried the goods of foreign origin or smuggled goods etc. is liable to be confiscated under Section 115 of the said Act. Without considering all materials on record, the Learned Chief Judicial Magistrate, Alipurduar released the vehicle in favour of its registered owner in violation of the provisions of Customs Act, 1962.

5. The learned counsel has relied upon several judicial decisions namely Union of India Vs. Sushanta Karmakar @ Susanta Karmakar (CRR 458 of 2019) of the Hon’ble High Court at Calcutta, Directorate of Revenue Intelligence, Shillong Regional Unit, Shillong Vs. Shri Ajay Babu Manda in Crl.