GUNMALA JAIN Vs. GULABCHAND

JUDGEMENT

(1.) THIS revision application is directed against the order dated 6.10.90 passed by the AS.J., Sihora in criminal revision No. 34/88, reversing the order dated 11.12.87 passed by the Judicial Magistrate First Class, Sihora in criminal case No. 830/85 whereby the applicant was given the custody of ornaments on Supratnama, on execution of bond, seized from the possession of her husband by the police.

(2.) ON confidential information, police raided the house of the applicant and recovered and seized some gold and silver ornaments. The allegation was that accused Gulab Chand used to obtain the ornaments deceitfully from the owners thereof and pledged to the applicant. Shri Fakhruddin, learned counsel for the applicant has contended that there is no Govt. Nazarat at Sihora for the safe custody of the valuable articles. Therefore, the ornaments will require to be kept in the Govt. Nazarat at Jabalpur and during the trial the ornaments will require to be produced before the trial Court at Sihora as and when required by the Court. The applicant, therefore, apprehend that the ornaments may be tempered with or replaced in transit, from Jahalpur to Sihora. Shri R.K. Khare, G.A. fairly conceded that there is no Govt. Nazarat at Sihora, for the safe custody of the articles.