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Judgment
C.A.N.8249 of 2019 has been filed by the appellant-petitioner seeking stay of the orders dated 12.07.2019 and 29.07.2019 passed by the Hon'ble Single Bench of this Court. However, on perusal of the impugned orders dated 12.07.2019 and 29.07.2019, we find that order dated 29.07.2019 is an order recording compliance of order dated 12.07.2019. Therefore, we do not find any scope to pass any interim order on this application save and except to consider the added prayer made by the petitioner pursuant to the leave granted today by us and in consideration whereof we direct the Officer-in-Charge, Berhampore Police Station to release and return the seized articles being articles mentioned in item No.5 of the seizure list dated 12.07.2019 seized in connection with W.P.9934 (W) of 2016 under Berhampore Police Station G.D.E. No.923 dated 12.07.2019 from the wife of the appellant-petitioner. Such release shall be made within three days from the date of communication of this order after obtaining proper receipt and identification of the petitioner, Shakti Shankar Bagchi.
Since no one is appearing on behalf of the State authority, the respondent no.5 herein, we direct learned advocate, Mr. Anubrata Santra present in Court today who usually appears for the State to enter appearance in this appeal and to file Vakalatnama by Wednesday.
Office of the Learned Government Pleader is directed to regularize the appointment of the learned advocate Mr. Anubrata Santra.
Since there is no scope to pass any other order in this application, the application stands disposed of with the above order. C.A.N.8249 of 2019 stands disposed of.
However, the appeal shall be heard. Writ records have already been brought by our earlier order. Let those be retained with the appeal file.
Petitioner is given liberty to prepare informal paper-books out of Court within a fortnight and copies thereof may be served upon the respondents and shall file affidavit-in-service on the next date of hearing.
Let this appeal come up for hearing four weeks hence.
Liberty to mention.
Copy of the seizure list handed up before us be retained with the file.
Registry is directed to communicate this order to the Officer-in-Charge, Berhampore Police Station forthwith.
Learned advocate appearing for the State is also directed to communicate this order to the Officer-in-Charge, Berhampore Police Station.
Let a plain copy of this order be forwarded to the Registry and the learned Counsel for the State for communication