NARENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) LEARNED counsel for the accused/petitioner has urged that no offence whatsoever has been made out against the accused/petitioner. He has submitted that though admittedly the accused/petitioner was in possession of seized silver ornaments weighing about 28 kilograms, but he avers that it is the business of the accused/petitioner to manufacture silver ornaments and to sell them by going from place to place. It is also urged that there is no material whatsoever in the case dairy to indicate that the accused/petitioner had dishonestly misappropriated the seized silver ornaments. It has been pointed out that the police had made all efforts to find out the source of the silver ornaments, but nobody has come forward to claim the same. It has further been contended that possession of silver ornaments by the accused/petitioner, by itself, does not constitute any offence, and therefore, his prosecution is bad, and deserves to be quashed.

(2.) LEARNED counsel for the respondent have not been able to point out any material in the case diary to indicate that the silver ornaments belonged to somebody else other than the accused/petitioner. It has also been stated on behalf of the respondents that in view of the oral information received on telephone, the search of the accused/petitioner was made, and the silver ornaments were seized, while he was travelling by a bus. The learned counsels for the respondents, were in fact not in a position to state, as to what offence, if any was committed by the accused/petitioner.

(3.) IN the above circumstances, it is clear that no useful purpose would be served by continuing the prosecution of the accused/petitioner because the complaint/chargeshcer filed by the police and the papers accompanying the same do not disclose any offence. Therefore, continuance of the prosecution of the accused/petitioner would be merely an abuse of the process of the Court. Accordingly, this petition is allowed and the prosecution of the accused/petitioner and the proceedings in Criminal Case. No. 289/95, (State Vs. Narendra) of the Court of Judicial Magistrate First Class, relating to Crime No. 4/95 of Police Barela. Disu Jabalpur, stands quashed. Since the silver ornaments have undisputably been seized from the possession of the accused/petitioner the same arc directed to be returned to him, as has been prayed by his learned counsel.