SONI CHIMANLAL JETHALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner has assailed the judgment and order of the learned Additional Sessions Judge, Rajkot, pertaining to the disposal of the muddamal gold ingot, dated 10-9-1982, passed in Criminal Appeal No. 31 of 1981 confirming the judgment and order of the learned Judicial Magistrate, First Class, at Rajkot, dated 31-7-1981, below application Exh. 76 in Criminal Case No. 366 of 1978, by invoking the aids of provisions of Sec. 397 read with Sec. 401 of the Criminal Procedure Code ("Code" for short).

(2.) A resume of the sailent facts leading to the birth of the present revision may, shortly, be stated at this juncture.

(3.) Present petitioner is a goldsmith from whose custody the muddamal - 3 ingots of gold and one ingot of silver, small 40 diamonds and 120 white pearls were seized by the police in the course of the investigation, which culminated into a criminal trial, being Criminal Case No. 366 of 1978.