Calcutta High Court (Appellete Side)
Balageria Central Co-Operative Bank ... vs Unknown on 24 August, 2021
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
24.08.2021 Item no.12 Ct. No.34 CHC C.R.R. No.2222 of 2018 (Physical Hearing) In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973.
AND In the matter of:-
Balageria Central Co-operative Bank Ltd.
... petitioner Mr. Amitabha Ghosh, Mr. Madan Mohan Roy ...for the petitioner Mr. Ranabir Roy Chowdhury, Mr. Ashok Das, Mr. Mainak Gupta ...for the State A report has been submitted by the Deputy Superintendent of Police, Directorate of Economic Offences, Government of West Bengal, which reflects that the property relating to Pincon Hotel & Bar Cum Restaurant was sealed in connection with Khejuri Police Station Case No.47/17 dated 19.02.2017 under Sections 406/409/420/120B of the Indian Penal Code read with Section 3 of the West Bengal Protection of Interest of Depositors in Financial Establishments Act, 2013.
Report so submitted be kept with the record. 2 Presently the case has been renumbered as Special Case No.1/17. The applicant before this Court happens to be Balageria Central Co-Operative Bank Limited, Contai, Purba Medinipur (hereinafter referred to as the said Bank). Report submitted by the Officer reflects that if the property, which was sealed in connection with the aforesaid case is desealed and handed over to the concerned Cooperative Bank, it has no objection in respect of the prayer, subject to the condition that the bank will not be permitted to alienate the property to a third party in any manner.
In view of the report, the learned Chief Judicial Magistrate, Tamluk is directed to de-seal the property relating to Pincon Hotel & Bar Cum Restaurant (after the schedule is provided by the petitioner and acknowledged by the concerned Officer who has submitted the report) and the amount of bond including other conditions are to be imposed, which would be subject to the satisfaction of the learned Chief Judicial Magistrate, Tamluk. This Court has only gone into the issue whether the Cooperative Bank can have custody of the property subject to the conditions imposed as per the report. This Court is of the opinion that the Cooperative Bank can have the custody of the property after the same is being de-sealed but the terms and conditions of such custody should be imposed by the learned Chief Judicial Magistrate, Tamluk.
Learned advocate for the petitioner submits that the authorized representative of the Cooperative Bank will be present before the learned Chief Judicial Magistrate, Tamluk along with 3 an appropriate application including the order of this Court on 19th of September, 2021.
Learned advocate for the State submits that the concerned Officer-in-Charge of the case concerned would be present before learned Chief Judicial Magistrate, Tamluk on the said date. With the aforesaid observations, C.R.R.2222 of 2018 is disposed of.
All parties shall act in terms of copy of this order downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)