Calcutta High Court (Appellete Side)Soudip Satpathy vs The State Of West Bengal & Ors on 21 May, 2021Author:Arindam SinhaBench:Arindam Sinha21.05.2021\nItem No. 02\nCt. No. 04\nPG\n\n\n\n\n                                 W.P.A. 7977 of 2021\n                                (Via Video Conference)\n\n                                   Soudip Satpathy\n                                          Vs.\n                            The State of West Bengal & Ors.\n\n\n                Mr. Soumyajit Das Mahapatra.....for petitioner\n\n                Mr. Samrat Sen, Assistant Additional Advocate\n                                          General\n                Ms. Sutapa Sanyal........for State\n\n                         Mr. Mahapatra, learned advocate appears on\n\n                behalf of petitioner while Mr. Sen, learned senior\n\n                advocate,    Assistant    Additional   Advocate   General\n\n                appears on behalf of State.\n\n                         It appears the writ petition was moved on 4 th\n\n                May,   2021    when      coordinate    Bench   (Moushumi\n\n                Bhattacharya, J.) passed order, inter alia, directing\n\n                respondent nos. 3, 4 and 5 to file report in form ofaffidavit. Respondent no. 4 has filed the report.On hearing it transpires, petitioner may\n\n                obtain release of the truck along with its goods and\n\n                papers upon deposit of the penalty, without prejudice\n\n                to his rights and contentions, before hearing is given\n\n                to him. State on the other hand will give petitioner a\n\n                hearing regarding the penalty. The hearing is to be2given within a fortnight from date. There should be no\n\nconfusion regarding serving and receipt of the hearing\n\nnotice.In event the deposit is made, and upon\n\nhearing it is found that a lesser amount is the penalty\n\nor there is no penalty, the amount deposited must be\n\nrefunded forthwith.The writ petition is disposed of.(Arindam Sinha, J.)