S.R. ARUN KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition filed under Section 482 of Cr.P.C., the petitioner has sought for quashing the FIR in Crime No.75/2012 of V.V.Puram Police Station, Mysore City, registered for the offences punishable under Section 18 of the Karnataka Treasure Trove Act,1962, Section 25 of the Antiquities and Art Treasures Act,1972, Section 51 of the Wild Life Protection Act, 1972 and Section 102 r/w 41(1) (d) of Cr.P.C. 1973.

(2.) ACCORDING to the case of the prosecution, the Assistant Commissioner of Police, City Crime Brach, Mysore City, received a credible information on 09.09.2012 about certain Antiquities and Art Treasures having been stored in House No.503, 5th Floor, Begonia Block, Sankalp Apartment, Yadavgiri, Mysore City and that the person in possession of those articles is likely to shift them to a different place. Immediately, the Assistant Commissioner of Police along with his staff and panchas and also along with the Director of Archeological Department, Mysore, went to the above said house at 12.15 noon on 09.09.2012 and conducted search of the said house, wherein he found several antiquities comprised of Ancient metal idols and also copper coins of several centuries old issued by different Dynasties and since he suspected them to be stolen properties, on account of the petitioner who was present in the house unable to give any satisfactory explanation as to the possession of those articles, all those articles were seized under a mahazar drawn in the presence of panchas and all those seized articles were kept in the house and the house was sealed. Thereafter, on the report of the Assistant Commissioner of Police, the S.H.O of V.V. Puram Police Station, registered the case in Crime No.75/2012 for the aforesaid offences and took-up investigation.

(3.) UPON service of notice, the respondent is represented by the learned Government Pleader. I have heard the learned counsel appearing on both sides and perused the materials produced.