MALNAD CONSTRUCTION CO SHIMOGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed this Criminal Revision Petition aggrieved by the order dated 7-5-1993, passed by the learned Principal Sessions Judge, Bangalore, in Criminal Miscellaneous No. 578 / 93, so far it relates to the rejection of their petition and with regard to imposition of Condition No. 4 for return of the building materials seized by the Police in Crime No. 455 / 93 of Ulsoorgate Police Station (Crime No, 1344/93 of C.O.D.).

(2.) The facts briefly stated leading to this petition are : The petitioners filed the petition under S. 457 of the Code of Criminal Procedure (for short the Code) for the following reliefs in the Court of the Principal Sessions Judge, Bangalore :

(3.) The State opposed the petition contending that the investigation is still in progress; the articles seized are subjected to valuation and checking of the quantity; that an advance of Rs. 5.316 crores were already drawn by the petitioners without delivery of articles; the demand drafts are all subject matters of fraudulent transactions; in case the articles are returned to the petitioners there is no guarantee to recover the money advanced and that the investigation will be hampered. On these grounds the State pleaded for rejecting the petition.