MD.SHAHABUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been filed by the petitioner seeking quashing of orders dated 4.2.2010 passed by the learned Sessions Judge, Siwan in Cr. Revision No. 187 of 2009 by which an order dated 18.8.2009 passed by the Judicial Magistrate 1st Class, Siwan in Tr. No. 1836 of 2009 was upheld. The learned Judicial Magistrate had committed the case vide Tr. No. 1836 of 2009 arising out of Hussainganj P.S. Case No. 42 of 2005 dated 24.4.2005 for trial to the Court of Sessions.

(2.) The facts of the case may be stated in brief. A raid was conducted by S.I., Ranvijay Singh, the Officer Incharge of Hussainganj Police Station in company of other police officers including the Deputy Superintendent of Police, Headquarters, Siwan and an Executive Magistrate, namely, Shri B.K. Jha, after breaking open the locks of the guest house of the petitioner situated at Village-Pratappur. During the search of the guest house, the informant S.I., Ranvijay Singh, recovered one bullet proof jacket, telescopic rifle sight device two in number, telescopic sight device made by Bushnell Company one in number, one telescopic device of Bosma Company, one night vision device, walky-talky two pieces, rifle cleaner two pieces, cartridges of rifle of 12 bores besides cartridges of 30.06 bores in different numbers and of different colours, totaling 46 in number with some notes of foreign currencies, like, 76 notes of 100 dollar each and six notes of 1000 dirham each, eight notes of 50 dirham each and one note of 200 dirham besides notes of dirham in denominations of 100, 10, 50 and 5 were also found. Riayal notes in the denominations of 50, 200 and 100 were also recovered.

(3.) The police made the seizure of the abovenoted articles in presence of Shri B.K. Jha, Executive Magistrate, Siwan, Shri Arif Raja, District Transport Officer, Siwan and two others who were the residents of the Village-Pratappur and after investigation of the case, sent up the petitioner for trial before a Magistrate by submitting charge-sheet disclosing commission of offences under Section 414 of the IPC, Sections 25 and 26 of the Arms Act and Section 13(1) of the Foreign Exchange Management Act besides Sections 20 and 21 of the Indian Telegraph Act.