RAMESHBHAI MAGANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners are aggrieved by orders dated 14.10.09 passed by the learned Judicial Magistrate, First Class, Morbi as confirmed by the order dated 20.1.2010 passed by the learned Additional Sessions Judge, Morbi. The issue pertains to handing over interim custody of muddamal articles of jewelries and ornaments for which the petitioners had filed three separate applications before the Trial Court in pending criminal case. The learned Magistrate by his three separate orders, all dated 14.10.09, rejected the applications upon which the petitioners preferred Revision Applications before the Sessions Court. These Revision Applications No.40/09 to 42/09 came to be dismissed by a common judgment dated 20.1.2010, against which the present petitions are filed.

(2.) Counsel for the petitioners submitted that the muddamal articles were stolen during a robbery committed by the accused from the custody of the agent of petitioners Angadia firms. The petitioners are the only claimants of such articles. Neither the accused nor any private parties have made any claim with respect to such articles. He submitted that the petitioners have already reimbursed the original owners of the articles. He pointed out that the Investigating Officer had shown no objection to the articles being handed over to the petitioners by way of interim custody, subject of course to several conditions suggested in his report.

(3.) I have also heard the learned APPs for the State. Having heard the learned advocates for the parties and having perused the documents on record, it does appear that except the petitioners, there are no other claimants for such muddamal articles. The petitioners are the owners of the Angadia firms. The articles were allegedly stolen by the original accused. The same were recovered by the Investigating Agency during investigation. They are presently in the custody of the Court. Considering the nature of articles and considering the facts arising in these petitions, I am of the opinion that on certain reasonable and appropriate conditions, interim custody of the muddamal articles can be handed over to the petitioners.