STATE OF PUNJAB Vs. VINOD KUMAR AHLUWALIA

JUDGEMENT

(1.) FIR No. 326 was registered against Vinod Kumar, respondent on 14.9.1980 and consequently cement was seized from him. He was tried but acquitted by the Court. During the pendency of the trial, the cement was disposed of and the sale proceeds were handed over to Vinod Kumar. on Superdari. The State of Punjab filed an application for refund of the sale proceeds and Vinod Kumar filed an application for payment of interest for the price of the cement for the period when the cement remained illegally seized with the State. Shri 0. C. Suman learned Chief Judicial Magistrate, Ludhiana, vide order dated 5.2.1987 dismissed the application filed by the State and, refused to direct a refund of the amount and allowed the application filed by Vinod Kumar and directed that I I per cent interest be paid to him.

(2.) THE State of Punjab filed an appeal in the Court of Sessions, Ludhiana. The same was dismissed by Mr. M.S. Ahluwalia, Additional Sessions Judge vide his orders dated, 18.11.1987. Feeling aggrieved, this revision has been filed. I have heard the learned counsel for the parties.