PRAKASH BALKRISHNA VERNEKAR Vs. STATE

JUDGEMENT

(1.) THIS revision application is directed against the Orders dated 8th January, 2001 of the learned Judicial Magistrate, First Class, Mapusa and Judgment/Order dated 1st December, 2003 of the learned 1st Additional Sessions Judge, Panaji.

(2.) THE dispute between the Petitioner who was examined as P.W.5 in Criminal Case No.205/96/Sr/I and Respondent No.3 who was examined as P.W.1 in the said Criminal Case is regarding the return of some gold bars sent to the learned Judicial Magistrate, First Class, Mapusa as M.Os7 to 14 in the said case and which admittedly were attached from the possession of the Petitioner/P.W.5, Prakash Vernekar.

(3.) THE records show that on or about 14th October, 1996, the said P.W.1, Stella D'Souza, had filed an application stating that the said gold ornaments be returned to her. This application came to be disposed of by Order dated 15th October, 1996 of the learned Judicial Magistrate, First Class, Mapusa, stating that the property was in melted gold form and it would be returned only after proper inquiry. On 10th March, 1998, the said P.W.1, Stella D'Souza, filed another application for the return of the said gold ornaments which was again disposed of by Order dated 17th August, 1998. By this Order, the learned Judicial Magistrate, First Class, also directed the accused to remain present at the time of holding of the inquiry on 11th September, 1998 and although, summons were issued to the Petitioner for the said inquiry, no inquiry was conducted and the case proceeded thereafter with the recording of the evidence of P.W.4, Abdul Khan on 11th September, 1998. Thereafter, the Petitioner filed an application dated 25th September, 1998 claiming the said gold ornaments but the same remained on record without any orders passed thereon.