KEWAL RAM Vs. STATE OF U P

JUDGEMENT

(1.) -Heard learned counsel for the parties and also perused the materials on record.

(2.) THIS petition under Article 226 of the Constitution of India has been brought for quashing the order dated 27 May, 2002 passed by the learned IXth Metropolitan Magistrate, Kanpur Nagar whereby declining the release of the goods which were seized from the godown/premises of the petitioner and also quashing the order dated 9 July, 2002 passed by the learned Additional Sessions Judge, Kanpur Nagar affirming the order of the learned Magistrate.

(3.) RELIANCE has also been placed in the case of Sunderbhal Ambalal Desai v. State of Gujarat, 2003 (46) ACC 223, wherein it was held that the powers under Section 451 of the Code of Criminal Procedure should be properly and promptly exercised by the Court. Further the bond and security should be taken by the Court so that the evidence be not altered or destroyed.