GIRJASHANKAR Vs. YASIN

JUDGEMENT

(1.) This revision petition is directed against the order dated 21.9.83 passed under section 452 of the Criminal Procedure Code, 1973 (for short the CodeT) by the Judicial Magistrate First Class, Shajapur in Criminal Case No. 140 of 1981 whereby the property in question consisting of bails of cloth have been forfeited to the State.

(2.) Circumstances giving rise to this petition are these Petitioner Girjashankar (P.W. 7) is the Manager of Delhi Gondiya-Kanpur Transport Company, Dewas Naka, Indore. Bails of cloth belonging to one Ahmedabad party were being transported in a truck. The truck was being driven by Ramesh. Babulal (P.W. 4), the owner of the truck was also in the truck. When the property aforesaid was in transit, some miscreants committed theft of some bails, when the then was detected the truck was on the road. Ramesh lodged a report of the occurrence at police station Salsalai. A Crime wall registered and investigation was set afoot.

(3.) During Investigation, bails of cloth were seized in consequence of the information furnished by the non-applicants Yasin and Bihari.