Calcutta High Court (Appellete Side)
Samsung India Electronics Pvt. Ltd vs State Of West Bengal on 6 August, 2019
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1 06.8.201979
Ct-33 ar C.R.R 1516 of 2019 Samsung India Electronics Pvt. Ltd.
Vs. State of West Bengal Mr. Prantick Gorai Ms. Shreya Basu ... For the Petitioner Mr. Bidyut Roy along with Ms. Sujata Das, learned counsel, is directed to appear in the matter.
Let their appointment be regularised by the office of the Public Prosecutor, High Court, Calcutta.
The revisionist/petitioner is a multinational company engaged in the business, inter alia, manufacturing of electronics goods. Upon import of certain television sets from Vietnam, two of such television sets are stolen in the Kolkata dock. The accused have been apprehended and the television sets have been recovered from the accused and are lying with the police malkhana for a year. Since the stolen articles have been recovered there is no further need for such television sets to remain in the custody of police as these are valuable marketable assets and products of the revisionist.
The Court below was, therefore, not justified in rejecting the petitioner's application under Section 451 of the Cr.P.C for return of the said articles.
2In those circumstances, the order dated 10th April, 2019 shall stand set aside.
The said two television sets shall be handed over to the revisionist by the officer-in-charge of West Port Police Station within a period of one week from the date of communication of this order.
The petitioner undertakes before this Court to replenish the value of two television sets, in the event it is found that the said articles do not belong to them.
With the aforesaid observation, the revisional application shall stand disposed of.
Urgent photostat copy of this order, if applied for, be given to the parties upon compliance of all formalities.
(Rajasekhar Mantha,J.)