RANU GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) This petition is directed against the order dated 14.12.2006 passed in Criminal Revision No. 135/2006 by the Second Additional Sessions Judge, Rajnandgaon (C.G.), whereby, the said Court rejected the aforesaid revision and confirmed the order dated 24.11.2006 passed by the Chief Judicial Magistrate, Rajnandgaon (C.G.), who had dismissed an application of the petitioner for releasing the seized properties on Supurdnama under Section 457 of the Code of Criminal Procedure.

(3.) It is an admitted fact that the petitioner- Ranu Gupta was a licensee for running a Video Game Parlor. He used to pay tax to the Excise Department and was granted licence under certain conditions for the said parlor. During the course of investigation of Crime No. 461/ 2006 registered under Sections 3 & 4-A of the Public Gambling Act, various electronic/ electrical articles belonging to the petitioner along with certain cash amount were seized from the possession of the petitioner on 2/9/ 2006. A seizure memo to this effect was also prepared on the said day by the Investigating Officer, the copy of which has been produced before this Court. After the seizure, an application was filed by the petitioner for releasing the articles and currency notes on Supurdnama before the Magistrate. The Magistrate dismissed the application on the ground that these articles may be required during the course of evidence; therefore, they should not be released to the petitioner. Being aggrieved with the aforesaid order passed by the Magistrate, the petitioner filed a Criminal Revision before the Sessions Court arid the Sessions Court also took the similar view and dismissed the revision filed by the petitioner. If is against the said order passed by the Sessions' Court; the petitioner has visited this Court with a prayer to release the seized articles on Supurdnama.