DEEWAN SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the impugned order dated 27.03.2008 passed by the Chief Judicial Magistrate, Dehradun in Criminal Case No.3661 of 2008, whereby the application of applicant for release of the seized articles, i.e., CDs, DVDs etc. was rejected. The applicant also seeks to quash a part of the order dated 20.12.2008 passed by the Additional Sessions Judge/4th FTC in Criminal Revision No.39/2008, whereby the revision has been dismissed in respect of release of CDs, DVDs, MP3.

(2.) According to the prosecution, 33 bags (sacks) of CDs, DVDs, MP3 and CDs of blue films were recovered from the shop of the accused-applicant. Apart from the same, a sum of Rs.7475/- and 8 silver coins alongwith one DVD player were also seized by the raiding team.

(3.) The applicant filed the photocopies of receipts issued by the dealers from whom CDs, DVDs and MP3 were purchased by the applicant. Whereas learned Chief Judicial Magistrate, Dehradun, vide order dated 27.03.2008, dismissed the application for release of recovered articles, learned revisional court permitted release of cash, silver coins, DVD player with it's remote in favour of the applicant, but refused to interfere in the order of the trial court so far as CDs, DVDs (MP3) were concerned.