SUMIT GARG Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (hereafter referred to as 'the Code') read with Article 227 of the Constitution of India against the order dated 26.11.2002 passed by the learned Sessions Judge, Shimla thereby setting aside the release orders dated 6.7.2001 and 9.7.2001 passed by the learned Chief Judicial Magistrate, Shimla, has been preferred by the Petitioner/claimant (hereafter referred to as 'the claimant').

(2.) The facts relevant and material for the purpose of disposal of this petition are as follows. On 7.6.1999 S.I. Ram Lal, Additional S.H.O., Police Station, Shimla, while on patrol duty along with some other police officials came across three women at the Bus Stand Shimla. At that time it was in the air that certain women were visiting Shimla and indulged in pick-pocketing. Getting suspicious. S.I. Ram Lal enquired from those women about their particulars who disclosed their different names and particulars at different stages. This led to the conducting of their personal search by a lady constable and on search of the bag in possession of one of the aforesaid women who finally disclosed her name as Subhadra, 79 currency notes of Rs. 500 each, total amount Rs. 39,500, were recovered. According to said Subhadra, she found this money near the lift. The amount was seized by SI Ram Lai under Section 102 of the Code on the suspicion that this money had been procured by the said woman by pick-pocketing. Since none claimed this amount, therefore, it was deposited in the District Malkhana on 20.1.2000. On 21.12.1999 the claimant filed an application in the Court of the learned Chief Judicial Magistrate, Shimla for release of the aforesaid amount on the ground that a sum of Rs. 40,125 was lost by him while on way to Deen Dayal Upadhaya Hospital, Shimla alongwith his wife on 7.6.1999 from where he was to go to a Bank to get a bank draft prepared. It appears that proceedings in this application were not carried to the logical end. On 5.5.2001 the claimant moved a similar application for release of the seized amount to him claiming to be the rightful owner thereof. On receipt, this application was sent to the S.H.O. Police Station Shimla who submitted his report dated 26.5.2001 about the circumstances in which a sum of Rs. 39,500 was recovered and also mentioned in the report that this amount was deposited in the District Malkhana on 20.1.2001. On 6.7.2001, the learned Chief Judicial Magistrate recorded the statement of the claimant on oath and relying on such statement, vide order dated 6.7.2001 directed release of a sum of Rs. 40,125 to the claimant subject to his furnishing Spurdari bond and undertaking to produce the amount so released as and when so required by the Court. The requisite bond furnished by the claimant was accepted and attested by the learned C.J.M. vide order dated 9.7.2001 and directed the release of the amount in question to the claimant. Aggrieved by the orders, the State preferred a revision petition which was allowed by the learned Sessions Judge, Shimla by the impugned order and the release orders passed by the learned Chief Judicial Magistrate were quashed and set aside. Hence, this petition by the claimant.

(3.) I have heard the learned Counsel for the claimant and the learned Additional Advocate General for the Respondent-State and have also gone through the records.