STATE OF JAMMU & KASHMIR Vs. ZAFFAR IQBAL

JUDGEMENT

(1.) State has filed the present petition for quashing of order dated 28.05.2018, by virtue of which Principal Sessions Judge, Poonch has directed the petitioner to deposit an amount of Rs.14,500/- within a period of one week.

(2.) In the petition, it has been stated that the petitioner is a high ranking Government official and holding post of Sr. Superintendent of Police at District Poonch, as such is entitled to all the fundamental, legal and statutory rights as envisaged under law. It is further stated that an FIR No.43 of 2011 was registered against the respondent at Police Station Mendhar as fake currency to the tune of Rs.30,500/- was recovered from his possession. During the investitation, Rs.14,500/- was also recovered from him. Subsequently, challan was produced and after conducting trial he was acquitted by the learned Principal Sessons Judge, Poonch on 28.09.2017 and now the respondent wants to receive an amount of Rs. 14,500/- which was seized by the police from his possession. It is stated that the seized amount has been stolen from Malkhana of court for which FIR No.31/2015 has been registered and this report has been submitted by Incharge, Malkhana Sessions Court Poonch. Further stated that the seized amount was also stolen from the Malkhana of learned Principal Sessions Judge, Poonch and in this regard an FIR No.31/2015 was registered at Police Station, Poonch and subsequently, an application for the release of Rs.14,500/- was filed by the complainant before the learned Principal Sessions Judge, Poonch in which the objections were filed by the petitioner through Public Prosecutor, Poonch, in which the ground was taken that as the seized amount has been stolen from Malkhana, therefore, the petitioner is not at all responsible for the release of amount. It is pertinent to mention here that the Malkhana is in the custody of the learned Principal Sessions Judge, Poonch and the petitioner's department has no role or control over the articles in the Malkhana.

(3.) It is stated that the learned Principal Sessions Judge, Poonch vide its order dated 28.05.2018 has directed the Prosecution to deposit an amount of Rs.14,500/- which has been stolen from the Malkhana, with the Nazir of this Court within a period of one week.