ASHIM KUMAR ROY, J. - (1.) THIS petitioner was arraigned as an accused in connection Bhagabanpur Police Station Case No. 38 of 2007 under Sections 498A/420/323/34 IPC and under Sections 2/3 of the Dowry Prohibition Act.
(2.) DURING investigation police seized the passport of the petitioner. Subsequently, after his release the petitioner moved the learned Sessions Judge, Purba Medinipur for relaxation of the conditions of bail subject to which he was released and returned of the passport but his such prayer was declined. Then he moved this court and his application was disposed of with a direction, on amongst other the passport which was lying in the custody of the investigating officer, shall be kept with the learned Additional Chief Judicial Magistrate, Contai. Subsequently, the case was transferred to the court of Judicial Magistrate, 1st Court, Contai for trial and in the trial the petitioner has been acquitted. After his acquittal, the petitioner moved an application before the learned Additional Chief Judicial Magistrate, Contai for return of his passport. However, the learned Magistrate rejected such prayer on the ground that an order of acquittal has been passed by a different court and the passport was kept in the custody of the court pursuant to an order of this Hon'ble Court. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the impugned order and other materials on record. Having regard to the fact that the trial of the petitioner in connection with the Bhagabanpur Police Station Case No. 38 of 2007 has ended in acquittal, there cannot be any valid reason to refuse return of the passport seized in connection with the said case to the petitioner, the holder thereof.
(3.) IN the result, this application is allowed and the learned Additional Chief Judicial Magistrate, Contai in whose custody the passport of the petitioner is lying, is directed to at once return the same to him.;