RAJENDRA AND COMPANY Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal is preferred under Section 454 of the CrPC being aggrieved by the impugned judgment dated 14/2/2019 passed by the Special Judge, Dacoity and Vyapharan Prabhavit Kshetra Adhiniyam, Morena (M.P.) (in short "MPDVPK Act") in Special Case No.29/2011, whereby the application filed by the appellant under Section 452 of CrPC arising out of the judgment dated 01/11/2018 passed in Special Case No.29/2011 has been rejected.

(2.) It is argued by learned counsel for the appellant-firm that the appellant-firm is duly registered under the Commercial Tax Department and Central Commercial Tax, having specific PAN card. The appellant-firm deals in silver and gold billions. It is also doing the business of manufacturing and sale of gold and silver ornaments. As per the prosecution case, Someshwar, an employee of the appellant-firm having silver and cash, was on the way from Gwalior to Mathura. When his car bearing registration No. HR 51 AJ 4120 reached near village Deori, a Bolero car overtook his car the persons sitting in Bolero vehicle and stopped him and forcibly taken away his car bearing registration No. HR 51 A J 4120, in which amount of Rs.28,20,358/- and 20.509 kg silver were kept. An FIR of the incident was lodged by Someshwar in Police Station Civil Lines Morena, upon which a criminal case was registered at Crime No.147/2011 for the offence punishable under Section 392 of IPC and Section 11/13 of MPDVPK Act. During investigation, police arrested three persons and recovered the looted property i.e. cash and silver.

(3.) It is pertinent to note here that one co-accused Anwar Ali was absconding and even during trial, he remained absconded, therefore, nothing of the looted property could be recovered from him.