Amit Talukdar, J. - (1.) This Application is directed against an Order dated 1.6.2000 passed by the learned Sessions Judge, Dakshin Dinajpur at Balurghat affirming thereby the Order dated 5.5.2000 passed by the learned Additional District Magistrate, Dakshin Dinajpur at Balurghat thereby directing on confiscation of 20 heads of buffaloes, 28 bullocks and one cow in connection with Tapan Police Station G.D. Entry No. 77 dated 3.5.2000.
(2.) The learned Additional District Magistrate by an Order dated 5.5.2000 on the basis of a prayer submitted by the District Enforcement Officer, Hili that on 3.5.2000 at 3.45 hours on a secret information the Police held a raid at a place under Tapan Police Station and found 20 heads of buffaloes, 28 bullocks and one cow near the house of one Hossain Ali but none turned up-either the owner or anyone as claimant as a result of which the cattle was seized as unclaimed and due notice was issued under Section 26 of the Police Act, 1861 (here-in-after referred to as-the said Act) for the claimant to take back the seized animal but none turned up ; and finding no alternative - the Police had put them in the pound and prayed for confiscation of those animals under Section 25 of the said Act.
(3.) The learned Additional District Magistrate by his impugned Order confiscated the said total heads of cattle as he found suitable time has already elapsed and none claimed the cattle and after directing confiscation of the said heads of cattle the learned Magistrate directed to sell those animals in open public auction and deposit the sale proceeds after deducting the incidental charges to the proper Head of Account. It further appears from the Order No. 2 dated 5.5.2000 that a petition was filed later, and as he had already passed the order the question did not arise to interfere "as per normal provision of law.";