BABU LAL JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THOUGH in the considered opinion of this Court, the present criminal revision has become infructuous on account of the main F.I.R. out of which the present revision for the superdari of the goods the subject matter of the F.I.R. has arisen, yet in order to obviate any chance of remand by the higher Court, I would like to dispose of the revision petition on merits by discussing the facts and the submissions which have been raised before this Court by the respective counsel for the parties.

(2.) SHRI Babu Lal Jain, who was the complainant of F.I.R. No. 457 dated 28th May, 1996 registered at Police Station Central, Faridabad, has filed the present criminal revision and it has been directed against the order dated 20th August, 1996 passed by the Court of Additional Sessions Judge, Faridabad, who accepted the revision petition filed by M/s Exquisite Enterprises, and set aside the order dated 22nd July, 1996 passed by the Court of Additional Chief Judicial Magistrate, Faridabad, who earlier ordered for the release of the goods in question in favour of the complainant Shri Babu Lal Jain on his furnishing superdarinama in the sum of Rs. 75,00,000/- with one surety in the like amount to the satisfaction of the S.H.O. concerned, with the condition that he shall keep intact the case property and shall not change its nature or dispose of it till the final decision of the case. The learned Additional Sessions Judge, however, ordered that the goods in the shape of 48000 skins be released to M/s Exquisite Enterprises through Shri H.S. Bali, its partner, on furnishing superdari in the sum of Rs. 75,00,000/- with one surety in the like amount to the satisfaction of the trial Court; undertaking to keep the goods intact till the disposal of the case by using proper preservative and storing them at a proper place, and to produce them in the Court at the time of the trial as and when so directed by the Court during the pendency of the case.

(3.) DURING the course of investigation of F.I.R. No. 457 dated 28th May, 1996, 48,000 skins, which were taken into possession from the custody of M/s Exquisite Enterprises, became the subject-matter of superdari and to get the superdari different persons, namely, Canara Bank, the accused, namely, Dr. G.S. Bali, Shri H.S. Bali and Shri Babu Lal Jain complainant, M/s. Exquisite Enterprises through its partner Shri H.S. Bali and M/s Red Cat Overseas, moved separate applications before the trial Court, high lighting entitlement to the release of the goods on superdari. I need not incorporate the averments of the Canara Bank and M/s. Red Cat Overseas, but it will be useful for me to incorporate the stand taken up by M/s Exquisite Enterprises, who stated before the Magistrate that the Police had seized the stock of the skins lying in its godowns at the instance of Shri Babu Lal Jain. There is no evidence with the Police regarding the entrustment of the skins in any manner or form by Shri Babu Lal Jain or M/s Tonk Tanneries Pvt. Ltd. to M/s Exquisite Enterprises. Out of the goods 8,935 skins are of buff calf. With these skins neither the complainant nor anybody else has any concern. 6,950 skins have been imported by M/s Exquisite Enterprises and there are 7,997 sheep and goat skins, which were received from other sources or purchased by M/s Exquisite Enterprises. In addition to this, 13,025 skins of M/s Red Cat Overseas Inc. are also under Police custody.