PARSOTTAMDAS HARIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Shri D.N. Vakil, learned counsel appearing on behalf of H.L. Patel Advocates for the appellant and Shri A.J. Desai, learned Additional Public Prosecutor, appearing on behalf of the respondent-State.

(2.) The present appeal is against the judgment and order of rejection of the Misc. Criminal Application No.383 of 1996, claiming muddamal articles after conclusion of the trial in Sessions Case No. 97 of 1994. The said Sessions Case has been disposed of by the Sessions Court on 28th July, 1995. The learned trial Judge vide impugned order rejected the request to return the valuable muddamal recovered during the course of investigation of crime registered with Khanpur Police Station vide C.R.No.I-12 of 1993 for the offences punishable under Sections 395, 397, etc. of the Indian Penal Code. The backbone of the submissions of Shri Vakil is that the main accused who were tried by the Court of Sessions had not claimed, however, so far as the gold and silver ingots are concerned. The orig. accused nos.3 and 4 from whom the muddamal ingots were recovered by the police had claimed that the same may be handed over to them.

(3.) It is not a matter of dispute that some of the accused at present are even absconding and the learned Sessions Judge while rejecting the application has observed that there is ample scope of arrest and filing of the supplementary chargesheet against the absconding accused persons and at that time, the Court may need muddamal for effective proceedings without any hurdle. The resistance of Shri A. J. Desai, learned Additional Public Prosecutor, is that the hand over of muddamal to the applicant herein is likely to prejudice the trial which may commence in the event of arrest of absconding accused.