- (1.) There visional application has been preferred by the petitioner assailing the order dated 12th April, 2005 passed by the learned Additional Sessions Judge, 6th Court (Special Judge, N.D.P.S.), Barasat in connection with Case No. N26/05 arising out of Rajarhat P.S. Case No. 83 dated 7.3.05 under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act (in short N.D.P.S. Act) and under Sections 25/27/35 of the Arms Act thereby refusing prayer of one Chinmoy Mitra for return of Tata Sumo vehicle bearing No. WB-24C/4382.
(2.) The prosecution story as depicted in the FIR lodged by S.I. of Police of Rajarhat P.S. is that, on 7th March, 2005 at 8.30 A.M. receiving source information police party of Baguiati I.C. kept watch at Badaka crossing near Indian Oil Petrol Pump on Megacity Road. At about 9.25 A.M. they noticed one cherry colour Tata Sumo and two motor cycles as per source information and when the police party challenged the vehicles, the said vehicles started fleeing away towards Hazra side. After a hot chase the police party apprehended the Tata Sumo vehicle. The other associates of the accused persons of the vehicle could be identified namely, Tridip Mitra and Manas Das and one young boy and young lady managed to escape on the said two motor cycles. On search one country made improvised firearm loaded with .303 live ammunition and one polythene pack containing 1.5 K.G. Ganja and another polythene pack containing 1 K.G. Ganja were recovered from the said Tata Sumo. From the R/C book of the said Tata Sumo it was ascertained that owner of the said vehicle is Tridip Mitra, son of Chinmoy Mitra. The accused Nani Gopal Sen who was arrested on the vehicle disclosed that, he is a member of the racket of Ganja peddlig and leader of the racket is Tridip Mitra. The other persons of the gang, who managed to escape are Manas Das, Subhojit Basu and one lady Paramita of Baguiati. The police seized the vehicles and other articles by preparing a seizure list and started Rajarhat P.S. Case No. 83 dated 7.3.05 under Section 20(b) of the N.D.P.S. Act read with Sections 25/27/35 of the Arms Act. The father of the petitioner, who was the holder of power of attorney, executed by Tridip Mitra filed an application before the learned Judge for return of the vehicle. The learned Judge by order dated 12.4.05 rejected the said application and hence, this revision.
(3.) Mr. Joymalya Bagchi, learned Advocate for the petitioner submitted that the petitioner Tridip Mitra is the registered owner of the vehicle. He executed a power of attorney in favour of his father, who is an acute cardiac patient and for his illness he requires a vehicle. The vehicle is lying under the open sky as a result of which condition of the vehicle is detoriating day by day on account of lack of maintenance and natural wear and tear. Charge-sheet has already been submitted and the learned Judge could have exercised his power under Section 451 of the Code of Criminal Procedure (in short Code). If the vehicle is kept at thana compound open to sky, the vehicle would loss its value due to the heat of the sun and rain.;