STATE Vs. KRISHNASAMI IYER

JUDGEMENT

(1.) THIS appeal arises out of the judgment of the learned Additional Chief Judicial Magistrate, Kumbakonam, in C.C. No. 93 of 1988.

(2.) THE respondents/accused stood charged under S. 14(3) read with S. 25(2) of the Antiquities and Art Treasures Act, 1972 on the allegation that on 21.5.1988 at about 12:00 Noon at Agarathirunallur Village the accused were found in possession of panchaloga idols in front of the house of Mathurathammal valued at Rs. 30 lakhs without registering the said idols under the Antiquities and Art Treasures Act, 1972 and thereby the accused had committed an offence as mentioned above.

(3.) LEARNED trial Judge though on the merits of the case had held that the idols were antiquities as defined under the provisions of the said Act and that the accused had not duly registered the idols as required under the said Act, however, dismissed the complaint on the ground that the very same Police Officer who had filed the First Information report had conducted the investigation. In coming to the said conclusion learned trial Judge has relied on the judgments reported in : A.I.R. 1976 S.C. 985 (Bhagwan Singh v. State of Rajasthan) and : 1985 L.W.(Crl.) 336) (Singaravelu v. State). Learned counsel appearing for the respondents has also relied on a judgment of the Rajas -than High Court reported in : 1993 Cri.L.J. 3716 (Gyan Chand v. State of Rajasthan).