FMA/630/2026 of BHASKAR MONDAL Vs THE STATE OF WEST BENGAL AND ORS. on 27 August 2026

August 27, 2026 Sl. No.4 Court No.1 s.biswas

FMA 630 of 2026 with CAN 1 of 2026

Bhaskar Mondal vs. The State of West Bengal and others

Mr. Ashis Kumar Chowdhury Mr. Sudip Jana Mr. Rohan Paul Mr. Babhru Bahan Bera ... for the appellant Mr. Billwadal Bhattacharyya, AAG Mr. Suryanel Das Mr. Tamoghna Pramanick ... for the State

The present appeal has been preferred challenging an order dated 1st April, 2026 passed in the writ petition being WPA 7232 of 2026. The said writ petition was preferred primarily praying for issuance of necessary direction upon the respondents to consider the representation dated 20th February, 2026 submitted by the writ petitioner/appellant herein and to hand over the motorbike having registration no. WB-58AF-5325 and to take steps to curve illegal activities of the private respondent. Mr. Chowdhury, learned advocate appearing for the appellant submits that the learned single Judge failed to appreciate that the police authorities took forcible possession of the appellant’s motorbike without issuing any lawful seizure memo. A specific complaint lodged to that effect was also not considered. The police authorities failed to discharge their statutory obligations. He argues that the learned Single Judge erroneously proceeded on the basis that the seizure of the said bike has a direct nexus with the Nowda Police Station Case No.474 of 2025 dated 23rd October, 2025 and denied the appellant’s prayer for issuance of necessary direction upon the police authorities to return the said bike to the appellant. Such arguments, as urged, were glossed over by learned Single Judge and no finding was returned on the same and no specific direction was issued upon the State authorities to return the said motorbike. Mr. Bhattacharyya, learned Additional Advocate General appearing for the State denies and disputes the contention of Mr. Chowdhury and submits that there were two counter cases: one was registered as Nowda Police Station Case no.471 of 2025 dated 22nd October, 2025 and another was registered as Nowda Police Station Case No.474 of 2025 dated 23rd October, 2025. The motorbike bearing registration no. WB-58AF-5325 was seized and kept as unclaimed property and that till date no claimant has come forward to claim the said motorcycle, in accordance with law. We have heard the learned advocates appearing for the respective parties and considered the materials on record.

It appears that in the Nowda Police Station Case No.474 of 2025 dated 23rd October, 2025 investigation was conducted and the charge-sheet has already been filed. As the motor bike was seized and kept as an unclaimed property, the learned Single Judge refused the reliefs, as prayed for and dismissed the writ petition observing that the appellant needs to face the trial. We do not find any infirmity in the said order warranting interference in the present appeal, moreso when the criminal court can address the grievance of the appellant. Accordingly, the appeal and the connected application are dismissed. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

(Atarup Banerjee, J.) (Tapabrata Chakraborty, A.C.J.)