Calcutta High Court (Appellete Side)
An Application Under Section 482 Read ... vs Chandra Sen Chowdhury on 28 September, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 Sl. September C.R.R. 3274 of 2016
191. 28, 2016 In the matter of: An application under Section 482 read with Section 401 of the Code of Criminal Procedure;
And In the matter of : Chandra Sen Chowdhury Versus State of West Bengal Ms. Suman Sehanabis, ...for the petitioner.
Order dated June 24, 2016 passed by the learned Judge, Special Court under the Essential Commodities Act cum Additional Sessions Judge, Second Court at Coochbehar in Criminal Revision No. 44 of 2014 affirming order dated March 6, 2014 passed by the learned Additional Chief Judicial Magistrate at Dinhata in Misc. Case No. 160 of 2013 filed under Section 457 of the Code of Criminal Procedure has been assailed in this petition.
It appears that the petitioner had been convicted by the trial court in Sessions Case No. 109 of 1989 under Sections 364/302/120B/201/498A of the Indian Penal Code and the truck of the petitioner had been seized in connection with the said case and had been forfeited. The judgment and order of conviction and sentence although appealed against by the petitioner, the forfeiture of the truck had not been appealed against under Section 454 of the Code of Criminal Procedure. After serving out the sentence, the petitioner took out an application under Section 457 of the Code of Criminal Procedure, which was dismissed and the court in revision confirmed the said order of dismissal.
I am of the opinion that the order of forfeiture, which was consequently passed upon the conviction of the petitioner in the aforesaid criminal trial had become final and binding upon the petitioner. Accordingly, the application under Section 457 of the Code of Criminal Procedure for release of the forfeited vehicle was without jurisdiction and the courts below rightly rejected the prayer of the petitioner for release of the forfeited vehicle.
The revision petition is, thus, dismissed.
( Joymalya Bagchi, J. ) Dns.
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