SINGAM JITEN SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been Filed by the petitioner under Section 482 of Cr.P.C. seeking to quash the order dated 10.01.2019 passed by the learned Chief Judicial Magistrate, Thoubal in Criminal (Petition) Case No.21 of 2017.

(2.) The brief facts of the case are that the petitioner was found stocking 39 domestic cooking gas cylinders without any authorization or valid documents and a case in FIR No.201(9)17 on the file of Thoubal Police was registered against him. The petitioner was arrested on 30.09.2017 and the said 39 gas cylinders were seized from his unauthorised possession. On production of the petitioner along with relevant charge sheet, the learned Chief Judicial Magistrate, Thoubal took cognizance of the offence under Section 285 IPC and accordingly, charge under Section 285 IPC was framed against the petitioner and on the plea of guilty of the petitioner, the learned Chief Judicial Magistrate, convicted the petitioner and confiscated the seized gas cylinders vide order dated 01.10.2017 in Criminal (P) Case No.21 of 2017. In the said judgment, the learned Chief Judicial Magistrate directed that the said confiscation be done after lapse of two months from that date and after the disposal of the appeal, if any.

(3.) Assailing the judgment of the learned Chief Judicial Magistrate, Thoubal, the petitioner had filed Criminal Appeal No.5 of 2017 before the learned Sessions Judge, Thoubal. By the judgment dated 19.03.2018, the learned Sessions Judge, Thoubal, set aside the conviction and confiscation order dated 01.10.2017 and directed proceeding be initiated de novo from the stage of taking cognizance under Section 190 Cr.P.C.