SIYARAM HANUMAN PRASAD Vs. STATE

JUDGEMENT

(1.) FACTS material for this petition may be stated thus. A theft was committed in respect of horse-been (Urad) from the possession of M/s Laxmi-chand Badrinarayan of Rajnandgaon, within the jurisdiction of the Sub-Divisional Magistrate, Rajnandgaon. The case was registered in Police Station, Rainandgaon, (Crime No. 344/457 ). During the course of investigation of that crime, on 1-9-1961 S. O. , Rajnandgaon seized 213 maunds 10 seers of horse-bean from one Siyaram resident of Ramsagarpare, within the jurisdiction of Additional District Magistrate, Raipur, and entrusted the commodity to M/s Sohanlal Munshilal on their undertaking to produce it on demand.

(2.) ON the 29th September Siyaram made an application to the Sub-Divisional Magistrate, Rajnandgaon, praying that the said commodity be disposed of by auction or through the registered Municipal Dalals in the Raipur market. It was stated that if the seized commodity was kept for a long period in the godown, there was every likelihood of its being infested with insects and, moreover, the market was going down from day to day, The Magistrate called for a report from the Police. The complainant was also noticed. The S. D. O. (Police) in his report dated the 3rd October, stated to the effect that the commodity might be sold and the sale proceeds might be deposited in the Court, but 10 or 15 seers of Urad might be kept as sample, (presumably, for evidentiary purposes), M/s Laxmichand Badrinarayan, however, opposed this and contended that Urad could remain for one year and more without deterioration, and the disposal of the commodity at that stage would create complications in investigation and also in the trial. They offered to arrange for another Supurddar in case M/s Sohanlal Munshilal were not willing to continue as such. The proceedings remained pending at least upto the 5th December.

(3.) IN the meantime, during the pendency of those proceedings, Siyaram made another application on the 18th November to the A. D. M. , Rai-pur, for an almost identical relief. He alleged that the Urad was fast decaying so that he might be permitted to dispose it of. On this application being received, the A. D. M. , Raipur, called a report from the S. D. O. (Police), Rajnandgaon. The case was fixed for the 23rd November. On the last mentioned date the following telegram was sent to the S. D. O. (Police), Rajnandgaon: Refer copy of Order-sheet in Siyaram v. State, Misc. Cri. Case No.-204 of 1961 forwarded under endorsement No. 367/adm dated 18th instant. Intimate if you have any objection to Urid being sold by public auction as desired by the parties and sale proceeds kept under revenue deposit before twenty fifth instant as case fixed for disposal on that date. The S. D. O. (Police), Rajnandgaon, in his report dated the 24th November, submitted as follows: The case of release of 78 bags of Urad of Siyaram Satyanarayan is at present in the Court of S. D. O. Rajnandgaon and all the papers in this connection have been forwarded to this Court for disposal please. On hearing from the Court of S. D. M. Raj-nandgaon, I will intimate the result to you in due course if required. On the 25th November, the A. D. M. , Raipur, after considering the question whether he had jurisdiction to entertain the application and to pass an order under Section 523, Criminal Procedure Code, made the following order: respectable panchas, so as to ensure that proper price of the same is obtained, and I order accordingly under Section 523, Cr. P. C, The auction should be conducted by the Supratdar after due intimation to M/s Laxmichand Badrinarayan of Rajnandgaon and the sale proceeds along with the bid list and the money should be kept by the Supratdar for being disposed of under orders of the S. D. M. Rajnandgaon, for which the Supratdar M/s Sohanlal Munshilal should execute necessary bond". This will hereinafter be called the 'impugned order.