STATE OF HIMACHAL PRADESH Vs. ANIL TALWAR

JUDGEMENT

(1.) THIS petition has been filed against the order dated 23.4.2012 passed by learned Sessions Judge, Sirmaur District at Nahan in Criminal Revision No. 17 -Cr.R./10 of 2011 reversing order dated 18.7.2011 passed by learned Judicial Magistrate 1st Class, Court No. 1, Paonta Sahib in Cri. Misc. Application No. 317/4 of 2011. On 18.4.2011 Rohit Kothal and Nitish Joshi while going to Dehradun via Paonta Sahib from Haryana were searched at Behral Barrier, Paonta Sahib by the Police and from their personal search currency notes worth Rs. 30 lacs were recovered, both of them were arrested under Sections 41, 109, Cr.P.C. The Sub -Divisional Magistrate, Paonta Sahib dropped the proceedings against both Rohit Kothal and Nitish Joshi vide order dated 11.5.2011. The police produced currency notes before the Executive Magistrate, who ordered seizure of the same under Section 102, Cr.P.C. The police after lapse of one month approached the court for initiating proceedings under Section 102, Cr.P.C.

(2.) ROHIT Kothal and Nitish Joshi moved an application for releasing the currency notes recovered from them which was dismissed by learned Judicial Magistrate 1st Class, Court No. 1, Paonta Sahib on 16.6.2011. The respondent on 17.6.2011 moved an application for releasing Rs. 30 lacs to him on the ground that Rohit Kothal and Nitish Joshi at the time of search disclosed to the police that they were carrying money which belonged to respondent as they had received the money from third parties on behalf of the respondent. The police did not believe Rohit Kothal and Nitish Joshi as they were not having any documentary proof in support of their contention. Rohit Kothal and Nitish Joshi were in lawful custody of currency notes of Rs. 30 lacs under instructions of respondent rightful owner of currency notes.

(3.) THE application was contested by the petitioner by filing reply. In the reply it has been stated that Rs. 30 lacs were recovered from Rohit Kothal and Nitish Joshi, who were arrested. The source of money was not disclosed by Rohit Kothal and Nitish Joshi. The Sub Divisional Magistrate was seized of the matter, therefore, proceeding under Section 102 Cr.P.C. could not be initiated and proceeding under Section 102 Cr.P.C. was initiated after conclusion of proceeding before Sub Divisional Magistrate. Rohit Kothal and Nitish Joshi had no title over the money.