PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, has been filed by Paramjit Singh petitioner praying therein that F.I.R. No. 108 dated 3.3.1984 under sections 411/414, Indian Penal Code, registered at Police Station. Lopoke, District Amritsar, (Annexure 1.1), and the proceedings pending in the Court of Judicial Magistrate Ist Class, Amritsar, on the basis of the aforesaid F.I.R., be quashed. The above mentioned F.I.R. was registered at Police Station, Lopoke, on the basis of the report made by Mr. R.L. Chaudhry, Commandant 61 Battalion, B.S.F. The F.I.R. reads as under :-

(2.) I agree with the learned counsel for the petitioner that even if the allegations, as contained in the F.I.R., are taken at their face value, no offence under sections 411/414, Indian Penal Code, is made out. The F.I.R. does not disclose that it was a stolen property. On the other hand, it has been definitely stated that a part of the property belongs to the petitioner himself. The main ingredient of sections 411/414. Indian Penal Code, that the property recovered should be a stolen property, is missing. Apart from this, as per allegations, the silver was recovered from an open and accessible place. It was not recovered at the instance of the petitioner. Annexure P-2 is the copy of Mr. J.P. Kaushik, Collector, Central Excise and Customs Collectorate, Chandigarh. The petitioner was proceeded against under the Customs Act for the recovery of the aforesaid silver and he was acquitted of the charge by the Collector. In this view of the matter, the petition is allowed, F.I.R. No. 108 dated 3.3.1984 (Annexure P-1) and the proceedings pending in the Court of Judicial Magistrate 1st Class, Amritsar, on the basis of the aforesaid F.I.R., qua the petitioner, are quashed. Petition allowed.