YOGESH KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition relates to the custody of certain articles which are Gems, Jewels and other precious stones. These items were stolen from the shop of the petitioner and they were recovered by the police from the accused-non-petitioner No. 1. The petitioner's first application for grant of custody of these valuables was rejected as by that time, identification of these items were not done. Thereafter he moved the second application and this was also dismissed by the Judicial Magistrate No. 3, Jaipur City, Jaipur on March 2nd, 1990 on the ground that the items are precious stones and identification of the same cannot be done and the quality of the stones cannot be judged. Besides this, it was further observed that the petitioner would not be able to make use of the same because these articles will be required during the trial.

(2.) The learned counsel for the petitioner has contended that there are no adequate arrangements for the storing of these gems, jewels and that these stones require a particular type of light, air and some times oil and water also for retaining the gem value. Some stones are sensitive to high temperature and hot solutions. According to him. stones some times get cracked unless they are stored properly. It is contended that the accused had not made any claim to these valuable articles and if they are given to the petitioner, he shall produce them on all dates of hearing and whenever required.

(3.) The learned Public Prosecutor has contended that the value of the goods is such which cannot be easily ascertained and custody of these stones to the petitioner may result in a change of the stones.