RAHIM BUX Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973 (for short, the Code hereinafter), the petitioner has challenged the order dated 6-2- 2006 passed by the Judicial Magistrate, Sheoganj, district Sirohi (for short, the trial Court hereinafter) in Criminal Case No. 902/2005 arising out of FIR No. 163/2005, Police Station, Sheoganj, district Sirohi, whereby the application filed by the petitioner under Section 457 of the Code seeking interim custody of crackers, which were seized by the police, was dismissed. Aggrieved by the order impugned, the petitioner has filed the instant criminal revision.

(2.) I have heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned. It is contended by the learned counsel for the petitioner that the petitioner was granted licence to possess the crackers weighing 1100 kgs including wrappers and packing material. On checking, the petitioner was found in possession of crackers weighing 7844 kgs including the wrappers and packing materials etc. By the order dated 8-11-2005, the trial Court released the crackers weighing 1100 kgs on Supurdginama during pendency of the case in favour of the petitioner, however, refused to release the remaining crackers. The trial Court imposed certain conditions. Learned counsel for the petitioner submits that the remaining crackers, which are lying in the custody of the police, are having the value of Rs. 1,30,000/-.

(3.) Learned counsel submits that in a case of similar facts, this Court released the crackers vide order dated 29-3-2006 passed in S.B. Criminal Revision Petition No. 253/2006 on furnishing the bank guarantee. Learned counsel submits that the petitioner is ready to furnish bank guarantee of Rs.1,30,000/- towards the value of the crackers.