Disposed¶18

Abhijit Maity and Ors. v. State of West Bengal and Ors.

Calcutta HC3 Feb 2026WPA/28723/2025

Case brief

AI extract

What is this about?

Inter-state transport of sand from Jharkhand to West Bengal; West Bengal police seizure of vehicle and retention of sand despite claimed valid challan; FIR No. 176 of 2025 dated 24.11.2025 under Sections 303(2)/317(2) BNS, 2023; case pending before Chief Judicial Magistrate, Jhargram; Investigating Officer's application for confiscation of sand; writ court declines to adjudicate legality of seizure during pendency of criminal case; disposal with liberty to pursue remedy before appropriate forum; alternative remedy; WPA 28723 of 2025.

What did the court decide?

Liberty to the petitioner to take appropriate steps before the appropriate forum against the case initiated by the police authorities against the petitioners. ¶18

Abhijit Maity and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to take appropriate steps before the appropriate forum against the case initiated by the police authorities against the petitioners.

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Issue for consideration

Whether this Court, in writ jurisdiction, can direct that the petitioners be allowed to carry sand from Jharkhand to West Bengal when a criminal case for illegal transportation of the sand is pending before the Chief Judicial Magistrate, Jhargram. +2 more

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Court's answer

WPA 28723 of 2025 is disposed of with liberty to the petitioner to take appropriate steps before the appropriate forum against the case initiated by the police authorities against the petitioners.

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Ratio / Principle

In the writ jurisdiction, this Court cannot decide whether the police authorities seized the petitioners' vehicle and sand legally or illegally while the criminal case arising from FIR No. 176 of 2025 is pending before the Chief Judicial Magistrate, Jhargram.

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Detailed headnote1 paragraphs

Writ Petition (WPA 28723 of 2025, High Court at Calcutta, Appellate Side; Krishna Rao, J.; decided 03.02.2026): Petitioners, claiming to be registered owners of a vehicle carrying sand from Jharkhand to West Bengal under a valid challan, prayed for a direction upon the District Magistrate and the Land & Land Reforms Officer, Jhargram to allow them to carry the sand, alleging that the West Bengal police, without considering the challan, refused transport, seized the vehicle (later released) and retained the sand in custody. Per contra, the State reported that the vehicle was apprehended and enquiry found the sand was being transported illegally without any valid permit; FIR No. 176 of 2025 dated 24th November, 2025 was initiated under Sections 303(2)/317(2) of the BNS, 2023 and was pending before the learned Chief Judicial Magistrate, Jhargram; the vehicle had been released and the Investigating Officer had applied for confiscation of the sand. Held: in the writ jurisdiction the Court cannot decide whether the police seizure of the vehicle and the sand was legal or illegal while the criminal case is pending; the writ petition is disposed of with liberty to the petitioners to take appropriate steps before the appropriate forum/court where the criminal case is pending.

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03.02.2026

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Court No.25 D/L No.22 S. Gayen

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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

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WPA 28723 of 2025

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Shri Abhijit Maity & Ors. Versus

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State of West Bengal & Ors.

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Mr. Phatick Chandra Das Mr. Anurag Chatterjee

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…for the Petitioner

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Mr. Pantu Deb Roy, Ld. AGP Mr. Pannalal Bandyopadhyay

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…for the State

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The petitioner has filed the present writ application praying for a direction upon the District Magistrate and the Land & Land Reforms Officer, Jhargram to allow the petitioner to carry the sand from the State of Jharkhand to the State of West Bengal.

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The specific allegation of the petitioners in the present writ application is that the petitioners are the registered owner of the vehicle and carrying the sand from the State of Jharkhand to the State of West Bengal with valid challan but the police authorities of the State of West Bengal without considering the challan of the petitioners are not allowing the petitioners to transport the sand. He further submits that the police authorities have illegally seized the vehicle of the petitioners and have released the vehicle but have kept the sand in their custody. He submits

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that the petitioners having the valid challan but the authorities have not considered the challan.

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Per contra, learned counsel appearing for the State has submitted report wherefrom it reveals that the police authorities of the State of West Bengal have apprehended the vehicle and during the enquiry it was found that the petitioners are transporting the sand illegally without any valid permit. Accordingly, the police authorities have initiated the case being FIR No. 176 of 2025 dated 24^th November, 2025 under 303(2)/317(2) of the BNS, 2023 and the case is pending before the learned Chief Judicial Magistrate, Jhargram. He further submits that the vehicle has already been released and the Investigating Officer has made an application before the learned Magistrate for confiscation of the sand.

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Considering the above, this Court finds that the police authorities have already initiated a case against the petitioners for illegal transportation of the sand and the case is pending before the learned Chief Judicial Magistrate, Jhargram. Thus, in the writ jurisdiction this Court cannot decide whether the police authorities have seized the vehicle and the sand of the petitioners legally or illegally. The petitioners have to take appropriate steps before the appropriate court where the criminal case is pending.

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Accordingly, WPA 28723 of 2025 is disposed of with the liberty to the petitioner to take appropriate steps before the appropriate forum against the case initiated by the police authorities against the petitioners.

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All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities.

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(Krishna Rao, J.)

Abhijit Maity and Ors. v. State of West Bengal and Ors.

Case brief

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Abhijit Maity and Ors. v. State of West Bengal and Ors.

Case brief

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What the court decided

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