JUDGMENT After hearing the learned Advocate for the petitioner and the opposite party No.1-State it appears to me that the matter can be disposed of right now without issuing any notice on the opposite party No 2. Since the order, on the face of it appears to me not in accordance with law. The learned Advocate for the petitioner has drawn my attention to the manner on which satisfaction bas been recorded by the learned Executive Magistrate under Section 145(1) Cr. P C He has also argued that without making any attachment under Section 146(1) Cr. P. C appointment of Receiver has been made in accordance with Section 46(2) Cr P. C. The learned Advocate for the State is constrained to admit that appointment of .receiver has not been made in accordance with law but he argued that the proceeding under Section 145(1) Cr P C. should be allowed in the facts and circumstances of the case. 2. I have carefully perused the impugned order dated 9.4 96 passed by the learned Executive Magistrate, Diamond Harbour in M. Case No. 119 of 1996. It appears to me that nowhere did the learned Magistrate record his own satisfaction stating the grounds for such satisfaction which is imperative in terms of Section 145(1) Cr P C. The law requires that the learned Executive Magistrate must record his own satisfaction and in the process must state the grounds for coming to such satisfaction. This has not been done in this case. Also the learned Executive Magistrate has appointed a receiver under Sec. 146(2) Cr. P. C. without making any attachment of the property under Section 146(1) Cr. P C. which is also relevant. The power of appointment of a receiver under Section 146(2) Cr P C. is derived from the power given in Section 146(1) Cr.P C. Such attachment can be done only in presence of one or other of the ingredients mentioned in the said sub-section. It is only when attachment is made in a case coming under one of the three Ingredients prayer of appointment of receiver can be made under Section 146(2) Cr. P. C. This has also not been done here. In the circumstances, the Impugned order, so far as it relates to drawing up of a proceeding under Section 145(1) Cr. P. C. and appointment of receiver under Section 146(2) Cr. P C. stands set aside. P. C. This has also not been done here. In the circumstances, the Impugned order, so far as it relates to drawing up of a proceeding under Section 145(1) Cr. P. C. and appointment of receiver under Section 146(2) Cr. P C. stands set aside. The learned Executive Magistrate Is directed to record his own satisfaction, if there be any, in accordance with the mandatory provisions of Section 145(1) Cr. P C. and thereafter, would proceed In accordance with law. The revisional application is accordingly disposed of. Let a copy of the order be sent to the learned Executive Magistrate as early as possible. The petitioner is also given liberty to communicate the order.