SANDIPSINH MAHENDRASINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner is original accused. He has approached this Court for appropriate order for disposal of muddamal articles pending trial. The petitioner was holding license for dealing in explosives. Sub-Divisional Magistrate, Palitana, however, on surprise visit to the godown of the petitioner on 14.9.06 found certain irregularities in maintenance of record, etc. with respect to such explosives. He, therefore, ordered seizure of following categories of explosive substances: <FRM>JUDGEMENT_347_TLGJ0_2010Html1.htm</FRM>

(2.) A criminal case was field against the petitioner for alleged breaches in dealing with the explosives. The petitioner thereafter filed an application before the learned Sessions Court, Bhavnagar being Criminal Misc. Application No.3/09 and prayed that the seized muddamal articles be handed over to him or in the alternative, the same should be sold and the proceeds thereof be paid over to the petitioner and his godown be released. This application was turned down by the impugned order. Hence the petition.

(3.) Learned counsel for the petitioner submitted that the trial may take long time. In the meantime, the explosives seized would deteriorate. He further submitted that for storing the explosives pending trial, his large godown is sealed and he is unable to use the godown for any other purpose.