RAJENDRA KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS application has been filed under S. 482 of the Code of Criminal Procedure by two applicants who were, along with two others Rajendra Singh and Narendrasingh, prosecuted under Ss. 25 and 27 of the Arms Act for keeping illegally country made pistols in their possession. Police Bhawanpura on information about possession of illegal arms seized a jeep, pistols, suit cases, clothes and cash from the applicants and one Rajendrasingh on 27th February, 1992 and a panchnama was drawn. Crime No. 39 of 92 was registered at police station Bhawanpura and challan has been filed after investigation before the J.M.F.C. Khargone. The case is registered as No. 39 of 92. The applicants filed an application for return of their property which was rejected by the Magistrate on 10th April, 1992. Revisions filed before the Additional Sessions Judge were partly allowed. However, the prayer of the present applicants for return of Rs. 30,000/ - was refused. Hence, this application.

(2.) ACCORDING to the learned counsel for the applicants Rs. 30,000/ - were seized in the shape of three bundles of hundred rupees notes of rupees ten thousand each. The reasoning of the Court below is that the money shall be required at the time of evidence. But I find that it is not the case of the prosecution that the notes are marked or bear signatures which have to be identified by some witness.