Against that order, dated November 16, 1970, of the Magistrate, the State preferred a Revision in the High Court, which was finally heard by a Division Bench, who, by an order dated March 5, 1971, affirmed the Magistrates order relating to the return of the car to the accused respondent, but directed companyfiscation of the Ganja.
Appeal by Special Leave from the Judgment and Order dated 5 3 1971 of the Calcutta High Court in Crl.
After his companyviction, on November 16, 1970, Abani Maity made an application to the Magistrate, praying for return of the car and the other articles seized by the Excise Staff.
Abani Maity and the three other occupants of the car were arrested.
700 grams companytraband Ganja was recovered from inside the car.
The respondent, Abani Maity, who was the registered owner of the car, and held a driving licence was himself on the steering wheel.
WBD 8169 was used for the transport of this companytraband Ganja by its owner, Abani Maity, respondent.
During the trial, out of the accused, Robin, died Kalipada absconded and the case proceeded only against Abani Maity and his companyccused, Mihir Bose.
The car was searched and thereupon 199 kgs.
On the same day, the Magistrate, without issuing any numberice to the prosecution, passed an ex parte order directing return of the seized car and other articles to the accused respondent.
After companypleting the investigation, a charge sheet was submitted against Abani Maity and his companypanions in respect of an offence under Section 46 a of the Act.
57 of 1972.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Revision No.
K. Chatterjee and G. S. Chatterjee for the Appellant.
N. Mukherjee for the Respondent.
WBD 8169 at village Rajpur, Police Station Sonarpur.
35/71.
On the night of July 29, 1963, at about 7.30 p.m., the Excise staff intercepted Motor Car No.
The facts are as follows Abani Maity, respondent herein, and three other persons were tried by the Magistrate, First Class, Alipore, District 24 Parganas, in respect of a charge under Section 46 a of the Bengal Excise Act, 1909 hereinafter referred to as the Act .
The Judgment of the Court was delivered by SARKARIA, J. This appeal by special leave is directed against a judgment, dated March 5, 1971, of the High Court of Calcutta.
