SARJU PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an appeal under section 454 of the Code of Criminal Procedure against the order dated 8.10.1999 passed by Additional Sessions Judge, Lahar, district Bhind, in Criminal Appeal No. 52 of 1995 as regards the disposal of the property in the case. The property in the case happens to be idols of Lord Rama, Laxman and Sita.

(2.) THE learned appellate Court in its impugned order has directed that the three idols be got examined by the Director General, Archaeological Survey of India, and in case the idols are found to be antiquities of more than 100 years as defined under section 2 of the Antiquities and Art Treasures Act, 1972 then those be handed over to Archaeological Department of State of Madhya Pradesh for being kept in its museum otherwise those be returned to accused/appellant.

(3.) I have heard the learned counsel on both sides and perused the record. Frankly, speaking there is no legal evidence on record to prove that the three idols of Lord Rama, Laxman and Sita, fall within the category of any item enumerated under section 2 of the Act. Therefore, unless and until the articles could be included under those categories which find place in section 2 of the Antiquities and Art Treasures Act, no prosecution could have been launched.