PRAMOD VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner being aggrieved with the order dated 10.05.2018 passed by the Metropolitan Magistrate, Jodhpur Metropolitan (hereinafter to be referred as 'the trial court') in CR No.249/2017 of Police Station Sadar Bazar, District Jodhpur City East, whereby the trial court has dismissed the application filed by the petitioner with a prayer for releasing silver ornaments, seized from the accused persons in connection with the FIR No.36/2018 of Police Station Sadar Bazar, District Jodhpur City East.

(2.) Brief facts of the case are that the petitioner filed a complaint at Police Station Sadar Bazar, District Jodhpur City East while contending that two persons viz. Jitu Bhati and Ashok Bhati duped him. It is alleged by the petitioner that they contacted him on mobile phone and told him that you sent 15kg. of pure silver to their shop viz. Majisa Jewelers, Jodhpur and they assured him that after getting pure silver from other sources, they would settle the account. It is alleged by the petitioner that he, through his employee viz. Naresh Joshi, sent 12kg. and 303gm. of pure silver to Majisa Jewelers, Jodhpur, where Jitu Bhati and Ashok Bhati delivered him around 20kg. of raw silver. It is alleged that when the said raw silver was examined by Sriji Buliyann Refinery, it was found to be spurious silver. It is alleged by the petitioner that accused persons viz. Jitu Bhati and Ashok Bhati misappropriated pure silver of him by delivering spurious silver to him.

(3.) On receiving the aforesaid complaint by the petitioner, the FIR No.36/2018 was registered at Police Station Sadar Bazar, District Jodhpur City East and thereafter the police started investigation and during the course of investigation, the police recovered certain silver ornaments from the accused persons while claiming that the said ornaments were prepared from pure silver given by the petitioner to the accused persons. The police prepared three seizure memos, whereby silver ornaments were recovered. The silver ornaments seized through Seizure Form No.1 were identified by one complainant Chandanmal Soni, another articles seized through Seizure Form No.2 were identified by another complainant Manohar Lal Soni and some of the silver ornaments seized through Seizure Form No.3 were identified by the petitioner.