SURESH PODDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Monojit Biswas, learned counsel for the petitioner and Mr. Hrishikesh Sarma, learned Additional Public Prosecutor for the respondent State.

(2.) Being aggrieved with the order dated 02.11.2018, passed by learned Sessions Judge, Kamrup (M), Guwahati in Misc. Case No. 49/2018 rejecting the application of the petitioner herein filed under Sections 451/457 CrPC for Zimma of gold and silver jewelry, seized from the house of one Ganesh Kumar of Mandia on 01.08.2018 in connection with Jalukbari Police Station Case No. 842/2018 registered under Sections 457/380 IPC.

(3.) It is submitted by the petitioner that while they were away from Guwahati, burglary had taken place in his house at Green Park Colony, Station Road, Maligaon, Guwahati on 30.06.2018-01.07.2018 during which valuables like gold and diamond ornaments and cash, estimated at Rs. 12,00,000/- were stolen for which an FIR was lodged before Jalukbari Police Station on 01.07.2018, which was registered as Jalukbari P.S. Case No. 842/2018 under Sections 457/380 IPC. During the investigation of the case, four accused persons were arrested by police and on 01.08.2018 police recovered gold and silver ornaments from a house of one of the accused, Ganesh Kumar, at Mandia.