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24.08.2021 Item no.13 Ct. No.34 CHC C.R.R. No.2224 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.

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.