JITEN GOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is a petition under Sections 397, 401 read with Section 482 of Cr.PC directed against the Order dated 21.11.2002 passed by the Additional Chief Judicial Magistrate, Morigaon, in connection with G.E. Misc Case No. 770 of 2002 (Mikirbheta P. S. Case No. 112 of 2001).

(2.) THE petitioner, Sri Jiten Gohain stated that he made a prayer to release seized money of Rs. 50,000, which was seized from his possession by the police, but it was rejected by the learned Magistrate. The impugned order goes as follows: -œ21.11.2002 ORDER Seen prayer for zimma of Rs. 50,000 by the accused Jiten Gohain. Heard both sides. Perused case record and found the materials which has been used for the commission of the offence u/ss. 420/109/489(B) of IPC. Hence prayer of the accused at this stage of investigation rejected. Sd/ - Addl. C.J.M. Morigaon. -

(3.) CONNECTED case records along -with case diary were called for and forwarded and I perused the same. The materials in the case diary will reveal that there was a deal to be performed between the present petitioner and the accused Md. Samsul Hazarika to exchange fake currency against genuine currency notes, but in the process, the present petitioner suspected bona fide of Md. Samsul Hazarika and chased him and recovered money amounting to Rs. 50,000. That present petitioner handed over to him the sum in exchange of fake currency of one lakh, but soon after opening the tin, instead of money, he found it contained paddy husk and accordingly chased, caught hold of Md. Samsul Hazarika and recovered, cash from him. There is nothing on record to show that Md. Samsul Hazarika claimed the money.