SHAMALADEVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two criminal revision petitions filed under Sections 397 and 401 of the Code of Criminal Procedure, are disposed of by a common order at the admission stage itself as agreed by the learned Counsel for the petitioners and the learned State Public Prosecutor as they involve same facts and points of law for consideration.

(2.) The Deputy Superintendent of Police, Kolar Gold Fields (K.G.F.) seized from the residential house of one Sri V. Ramaswamy, who is the husband of petitioner Smt. Shamaladevi in Criminal Revision Petition No. 417/1989 and the premises of Kamadenu Stores, Vijayanagar, which was in the occupation of one Sri D. Soundararajalu, who is the husband of petitioner Smt. 5. Sukanya, also called as Suganya & Suguna in Criminal Revision Petition No. 418/1989 sufficiently huge quantity of fireworks and sparklers estimated to be of the value of Rs. 1,06,851/- and Rs. 74,738/- respectively on the ground that the said two persons had no licence or any other authority to possess and store the said fireworks and sparklers in the respective premises and registered Crime No. 71/89 against Sri V. Ramaswamy and Crime No. 72/89 against Sri D. Soundararajalu for offences punishable under Section 5(3) (b) of the Explosives Act, 1884 (for short the 'Act') and took up investigation of the said cases. In the meanwhile B.E.M.L. Nagar Police reported the seizure of the said fireworks and sparklers to the jurisdictional Magistrate. Immediately Smt. Shamaladevi and Sukanya have filed separate applications under Section 457 of the Code of Criminal Procedure in the Court of the Additional Judicial Magistrate First Class, at K.G.F. (for short the 'Magistrate') praying that the seized fireworks and sparklers (hereinafter referred to as the 'articles' for the sake of brevity) on the ground that the seized articles belong to them as them as they had purchased them for selling the same in the ensuing Deepavali festival which is to commence from tomorrow (28-10-1989) and they were holding valid licences issued in Form 24 under Rule 24 read with Rule 155 of the explosives Rules, 1983 (for short the 'Rules') and they would be put to great loss if the articles, which are of perishable nature, according to them, were not disposed of in the ensuing Deepavali festival. The said request of the petitioners was strongly opposed by the prosecution. By separate similar orders dated 23-10-1989 passed in Crime Nos. 71 and 72 of 1989 respectively, the learned Magistrate rejected the said applications.

(3.) Feeling aggrieved by the said orders, the petitioners have filed these revision petitions, with I.A. I in each case praying for a direction to B.e.M.L. Nagar Police, to release the articles to the custody of the petitioner in each case forthwith.