VALUDRIVE TECHNOLOGIES PRIVATE LIMITED @ SPINNY v. THE STATE OF WEST BENGAL
CRR/226/2026 · 2026-07-22
Kausik Chanda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 29830 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29830 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
22.07.2026 Item no.6 Ct. No.237 AKG
C.R.R. 226 of 2026 Valudrive Technologies Private Limited @ Spinny Vs. The State of West Bengal
Ms. Afreen Begum, Mr. Shamsher Ansari, Mr. Dip Dutta
……for the Petitioner
Mr. Subir Ganguly, Mr. Sandeep Prasad Shaw …for the State
Let the affidavit of service filed on behalf of the petitioner be kept with the record. The petitioner challenges the order dated October 10, 2025, passed by the learned Judicial Magistrate at Bidhannagar, North 24 Parganas, whereby the petitioner's prayer for the release of a seized vehicle was rejected. A bare perusal of the impugned order reveals that the learned Magistrate rejected the petitioner's prayer solely on the ground that the investigating officer had raised an objection. The order, however, does not disclose the nature or basis of the objection raised by the investigating agency. Nor does it indicate that the submissions advanced on behalf of the petitioner were duly considered by the learned Magistrate. Learned counsel appearing for the petitioner submits that the seized vehicle was originally owned by one Tapan Nag Chowdhury, who subsequently sold it to Dewars Garage. Thereafter, Dewars
2 Garage sold the vehicle to the petitioner, who is engaged in the business of purchasing and selling pre-owned vehicles. It is, therefore, submitted that, being the lawful owner of the seized vehicle, the petitioner is entitled to its release. This Court is of the considered view that the impugned order does not reflect any application of mind to the petitioner's claim or the materials placed before the learned Magistrate. Accordingly, I deem it appropriate to remand the matter to the learned Judicial Magistrate by setting aside the order dated October 10, 2025. The learned Magistrate shall afford the petitioner an opportunity of hearing and, upon considering the materials on record, determine the petitioner's claim of ownership over the seized vehicle. If satisfied that the petitioner has established a claim to ownership or lawful possession, the learned Magistrate shall pass appropriate orders regarding the release of the vehicle in accordance with law. Accordingly, CRR 226 of 2026 stands disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Kausik Chanda, J.)