KALIDAS MUKHERJEE, J. - (1.) This is an application under Section 401 and 482 of the Code of Criminal Procedure assailing the order dated 22.6.2009 passed by learned Additional Chief Judicial Magistrate, Haldia and also the order dated 30.5.2009 passed by learned Additional Sessions Judge, Fast Track, 2nd Court, Haldia in connection with Criminal Revision No. 1 of 2009 arising out of Bhabanipur P.S. Case No. 20 of 2008 corresponding to G.R. Case No. 160 of 2008 under Section 395 of the Indian Penal Code.
(2.) The case of the petitioner, in short, is that he is the owner of the vehicle (Maruti Car) bearing No. WB-30B/2547. On 17.2.2008 one Baldev Yadav came to the Police Station and lodged complaint with the O.C., Bhabanipur Police Station alleging that on 15.2.2008 he along with his helper of the truck started from Jiagarh with the aforesaid truck with iron ores and was coming to Halida Dock. On 17.2.2008 at about 2.30 hours on NH-41 near village Kesthakhali under Bhabanipur Police Station one red coloured Maruti Van bearing No. WB-30B/2547 obstructed the truck. The complainant was compelled to stop the truck and 4/5 unknown miscreants got down and entered into the cabin of the driver of the truck and forcibly took the driver and helper into the Maruti Van and took them to unknown destination. The rest of the miscreants took the truck towards Halida. The miscreants snatched away one bag containing one full shirt, one wrist watch and all the relevant papers of the truck and the goods challan were kept in the said truck. After the receipt of the complaint, the Bhabanipur P.S. Case No. 20 of 2008 dated 17.2.2008 under Section 395 I.P.C. was started against unknown criminals. The police seized the Maruti Van. The petitioner is an unemployed person and purchased the Maruti Van for the purpose of business. The petitioner filed an application before the learned Court for the release of the car along with the papers. On 30.5.2008 the learned Additional Chief Judicial Magistrate, Haldia was pleased to allow the prayer of the petitioner and released the car with certain conditions, but, did not make any order for the release of the papers of the car. The petitioner furnished bond and got the release of the car. After completion of the investigation the police submitted the charge sheet under Section 395 and 412 of the Indian Penal Code against five accused persons. In the charge sheet it was alleged that the Maruti Van was involved in the commission of the alleged incident. It has been contended in the application that the dates of the renewal of the papers relating to the Maruti Van were going to expire and upon an application filed by the petitioner, the prayer for the release of the papers was rejected on 01.8.2008 and 17.11.2008.
(3.) Being aggrieved by the order passed by the learned Magistrate the petitioner filed one Criminal Revision bearing No. 1 of 2009 which was dismissed by the learned Additional Sessions Judge, Fast Track Court, 2nd Court, Haldia on 30.5.2009. On 22.6.2009 the petitioner filed an application before the learned Additional Chief Judicial Magistrate, Haldia for return of the seized papers of the Maruti Van. On the same date the learned Magistrate was pleased to reject the petition.;