ABHAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Section 482 Cr. P.C. has been filed by the petitioner, being aggrieved against the order dt. December 18, 1990 passed by the learned Chief Judicial Magistrate (Economic Offences) Rajasthan Jaipur, by which he declined to grant interim custody of Jonga Jeep No. RPK 2865. The facts of the case are that fin September 30, 1990, Jonga Jeep No. RPK 2065 was intercepted and silver bars in huge quantity were recovered which were smuggled from Pakistan. In the Jeep Dungar Singh who is the real brother of the petitioner, and one Narain Singh were present. Dungar Singh and Narain Singh were arrested and the Jeep was brought to police station, Sadar-Barmer. At present the Jeep is lying at the office of Custom Department at Barmer.

(2.) The petitioner moved an application under section 457 Cr. P.C. before the learned Chief Judicial Magistrate (Economic Offences) Rajasthan, Jaipur, which the concerned court, for the custody/deliver of the Jeep. The learned Chief Judicial Magistrate rejected the said application on the ground that the said Jeep is liable to be forfeited to the state under the provisions of the Customs Act

(3.) I have heard the learned counsel for the petitioner and Mr. Praveen Balwada for the Custom Department. Mr. Balwada admitted this fact that if the said jeep is allowed to remain lying at a open place, then there are every possibility that by the time when the matter is decided finally, the Jeep may be completely damaged/destroyed, and as such, a proper order should be passed keeping in view that the said Jeep be not used by the petitioner or any other person for repeating the offence of smuggling of contraband articles.