10.09.2026 163 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 18119 of 2026 Sammad Ali Sardar –Versus – State of West Bengal & Ors. Mr. Sandipan Pal Mr. Niladri Mondal ….for the petitioner Mr. Sauvik Nandy Mr. Sourav Sengupta …for the State respondents 1) Matter is heard in presence of learned advocates representing petitioner and State respondents. 2) Writ petition is instituted seeking direction upon concerned respondent authorities for recovery of Indian currency notes amounting to Rs. 7,78,400/-. While appraising claim of petitioner relating to recovery of currency notes this Court has come across an order dated 10th April, 2026 of Sub-Divisional Magistrate, Baruipur, South 24 Parganas passed in UP Case No. 16/2026 which is annexed at page 15 of writ petition. On perusal of said order, it appears that one Sub- Inspector of Baruipur Police Station seized some articles including Indian currency notes on 18th March, 2026 and same was diarized as GDE No. 1835/26 and GDE No. 1885/26 dated 18th March, 2026. Order dated 10th April, 2026 of concerned Sub-Divisional 2 Magistrate reveals that steps taken by concerned police authority to seize Indian currency notes were in terms of Section 25 of the Police Act of 1861. Petitioner prays for return of those currency notes which were seized from him on 18th March, 2026. 3) On 10th April, 2026 by passing order concerned Sub-Divisional Magistrate observed that Inspector-in- Charge of Baruipur Police Station was at liberty to submit a writing disclosing apprehension regarding use of those currency notes (Rs. 7,78,400/-) for inducement during West Bengal Legislative Assembly Election, 2026 and it was further observed that if apprehension was found to be existing which could affect law and order then the steps would have been suggested by concerned police authority in that regard. 4) Today during course of hearing, Mr. Nandy, learned advocate representing State respondents though has made submission to substantiate steps taken by concerned police authorities to seize Indian currency notes but nothing is shown which corroborates that aforesaid amount could have been used with oblique motive during Assembly Election, 2026. 5) Moreover, Section 25 of the Police Act, 1861 applies in case of “unclaimed property”. Section 25 does not apply in the present case since those currency notes ought not to be termed as “unclaimed property” as contemplated under Section 25 taking note of the fact that petitioner is claiming the amount and his prayer was not considered appropriately by the respondent authorities prompting petitioner to approach this Court 3 with present writ petition seeking issuance of mandamus upon respondent authorities. 6) In aforesaid conspectus, Court finds that there is no impediment in directing concerned respondent authorities to hand over currency notes which were seized on 18th March, 2026 to petitioner on compliance of requisite formalities. 7) Inspector-in-Charge of Baruipur Police Station being respondent no. 4 is directed to hand over currency notes which were seized from petitioner on 18th March, 2026 on compliance of necessary formalities and if necessary, by obtaining nod from Sub-Divisional Magistrate, Baruipur by seven days from date. 8) With aforesaid direction, writ petition stands disposed of. 9) Parties to act on server copy of this order duly downloaded from official website of this Court. (Saugata Bhattacharyya, J.)