Calcutta High Court (Appellete Side)
Gita Rani Karar & Anr vs The State Of West Bengal & Ors on 10 March, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 108 10.03.2016SB Ct. No. 28
C.R.R. 3311 of 2015 Gita Rani Karar & Anr.
Vs. The State of West Bengal & Ors.
Ms. Devi Priya Mitra ..... For the Petitioner Mr. Imran Ali ... For the State.
Order dated 31.08.2015 passed by the learned Judicial Magistrate, 1st Court, Uluberia, Howrah in connection with C.Case No. 117C/15 corresponding to C.Case No. 819C of 2014 rejecting the prayer for the petitioner to return deceased molasses has been assailed.
It appears that the molasses were seized from the possession of the petitioner being in excess to the prescribed quantity permissible under the provisions of W.B. Molasses Control (Regulation, Storage and Transport)Notified Order, 1986. Under the said Order, the petitioner could possess molasses upto five metric ton i.e. five thousands kg. Without permission. However, seizure was effected in respect of 26,000 kg. Molasses. There is nothing on record to show that fees were paid as security deposit for being in possession of the excess molasses. Accordingly, prosecution report has been filed under 46A(b)(ii) of the B.E. Act, 1909 and under Section 5 of the W.B. Molasses Control Act, 1973.
Learned counsel for the petitioner submits that if the molasses were kept in the 2 custody of the concerned authority it would deteriorate in value causing severe loss to the petitioner.
On the other hand, learned counsel for the State submits that the molasses were seized being above the permissible quantity and are liable to be confiscated to the State.
I find that the seized molasses is a perishable commodity. In the event they are kept in the custody of the concerned authority till the disposal of the case it would lose its commercial value and would cause loss to national wealth. As the petitioner is unable to produce any document before me as to the licit possession of the seized molasses, I am of the opinion that Excise Collector, Howrah shall be at liberty to conduct public auction for sale of the sized molasses and the sale price thereof may be kept in an interest bearing fixed deposit account in any nationalised bank subject to the result of the criminal proceeding. Report thereto shall be filed before the Trial Court and the said amount shall be subject to furthering orders that may be passed by the Trial Court for its management and disposal. In the event the petitioner is acquitted of the charges he shall be at liberty to pray for return of the said amount before the Trial Court, in the alternative, the amount shall stand forfeited to the State. Such sale shall be conducted preferably within thirty days from the date of communication of this order to the Excise Collector, Howrah by the parties. 3
With this aforesaid direction, the criminal revision is disposed of.
Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon completion of requisite formalities.
(Joymalya Bagchi, J.)