KHALIL UR REHMAN Vs. ZAFAR ABID

JUDGEMENT

(1.) One Khalil-Ur-Rehman, original party No. 2 has filed this Criminal application challenging the order passed by the learned Additional Chief Metropolitan Magistrate, 11th Court, Kurla in Notice Case No. 661/N of 1981, directing the officer-in-charge of Kurla Police Station or any other officer deputed by him to draw a panchanama about the articles in the disputed premises, viz., Block No. D-11, 1st floor of Building No. 4, styled as Madhur of the Bombay Taximens Co-operative Housing Society, Lohia Nagar, Agra Road, Kurla, Bombay-400 070 and keep the premises under seal under section 146 of the Criminal Procedure Code. The officer was also directed to submit report as soon as the premises were put under seal. This order was passed by the learned Additional Chief Metropolitan Magistrate on September 8, 1981, against which the present petition is filed in this Court on September 10, 1981, i.e. immediately after two days. This Court, while admitting the petition, granted interim stay of the execution of the order passed by the learned Additional Chief Metropolitan Magistrate pending the admission, and, thereafter the petition came to be admitted and interim stay issue was confirmed. At the time of admission, the Counsel for the petitioner made a statement before this Court that during the pendency of this petition, the petitioner will not induct any outsider in the premises or deal with the same in any way, in any manner nor will they remove any article there from.

(2.) The petition was directed to be heard on 5th October and thereafter, the petition came up for hearing and final disposal before this Court. The petitioner as well as the respondent have filed further affidavit and certain other documents. The petitioner has also annexed to this petition a copy of the judgment delivered by Kotwal, J., Criminal Revision Application No. 667 of 1979.

(3.) The petitioner has challenged in substance the order of attachment and sealing passed by the learned Additional Chief Metropolitan Magistrate, In order to appreciate the rival contentions on both the sides, the facts leading to the passing of the preliminary order under section 145-G(i) as well as the order for attachment and sealing passed under section 146 need to be referred to. The learned Additional Chief Metropolitan Magistrate has, in his order dated September 8, 1981, dealt with the facts of this case exhaustively. It is not necessary to deal with all these facts in detail except to briefly refer to some of the salient features of this case.