A revision petition concerning seizure of sand and a vehicle in connection with a Dantan PS case. The State report showed the transport permit was fake, so the court refused return of the sand but allowed release of the vehicle to its registered owner after document verification by the ACJM.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
06.05.2024 Serial no. 6 [G.S.D]
CRR 1187 of 2024
In the matter of : Durgapada Sahoo
… … Petitioner
Mr. Soumen Kr. Dutta Mr. Subham Dutta Sk. Sayan Uddin … for the petitioner Mr. Debasis Roy Mr. Saryati Datta … for the State
Report submitted by the State be kept with the record.
The report has been submitted in connection with Dantan PS Case No. 343 of 2023 dt. 4.11.2023 under sections 379/411/413/414 IPC & Section 21 of Mines & Minerals (Development and Regulation) Act, 1957.
The submissions of the ld. advocate for the petitioner that though there was no valid document, but the sand which was carried, was licenced. The police authorities conducted an enquiry to submit a report and the concerned Tahasildar, Hatadihi, on verification, reported to Dantan P.S. that such permission/licence was never granted and categorically stated that the Form being Schedule XXIV-
2
FORM 1-Y No-1971667 vide book no-39434 dt. 03.11.2023 is fake.
Considering the report so submitted and the document relied upon by the investigating authority, the sand in question cannot be returned to the petitioner. However, so far as the vehicle is concerned, the registered owner of the said vehicle will produce the documents before the ld. ACJM, Dantan who will check the authenticity and/or genuinity of the documents, if required.
The ld. ACJM, Dantan on such condition as it thinks fit and proper would release the vehicle to the registered owner of the vehicle.
With the aforesaid observations, CRR 1187 of 2024 is disposed of.
Pending application, if any, is also disposed of.
Report so submitted be kept with the record.
Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)
1 issue framed by the court
Whether seized sand and vehicle in a theft/mines case should be returned to the petitioner given a suspected fake transport permit.
2 provisions across 2 enactments
Durgapada Sahoo
State
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
