PURANMAL SATYANARAIN SAWAI MADHOPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this petition, a challenge has been made to the order dtd. 12/2/2024 passed by the Special Judge, SC/ST Cases, Sawai Madhopur, dismissing criminal revision petition No.8/2024 filed by petitioner-firm and order dtd. 24/1/2024 passed the Chief Judicial Magistrate, Sawai Madhopur, dismissing application of petitioner filed under Sec. 451/457 CrPC refusing to release seized property i.e. Crackers and Fireworks and further prayer has been made by petitioner to allow his application dtd. 5/12/2023, granting permission to return his seized articles of crackers and fireworks and allowing to sale/alienate such articles, which are in the nature of speedy and natural decay.

(2.) Heard counsel for petitioner, learned Public Prosecutor and perused the record made available before this Court.

(3.) Briefly stated, facts of case are that during patrolling in the city of Sawai Madhopur on 10/10/2023 at about 07:00 PM, ASI, Jitendra Singh accompanied with his team, seized crackers and fireworks weighing 15, 828.13 kg, which were kept and stored in petitioner's godown, only on account of not holding valid licence to store/sale such explosives in huge quantity. Thereafter, one FIR No.385/2023 for offences under Sec. 286, 336 of IPC and Sec. 5/9-B of the Explosive Act, 1984 was registered. After investigation in the FIR, charge-sheet has been filed against persons who have concern with the petitioner-firm. The seized articles i.e. Crackers and fireworks have been ordered to be kept under seal of police, in petitioner's godown itself.