BABU LAL SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed against the order dated 23.3.2009 passed by the learned Addl. District and Sessions Judge (Fast Track) No.2, Sikar Camp Srimadhopur in Cr.Revision Petition No.08/2009 whereby the order dated 26.2.2009 passed by the Judicial Magistrate, Reengus titled as Babu Lal Soni v. State of Raj. has been upheld.

(2.) Briefly stated the facts giving rise for disposal of this petition are that on 23.2.2009 at the time of staging Nakabandi at 1:00 P.M. (Noon) at National Highway No.11 a Indica Car bearing No.RJ-14 C 1322 was stopped by the police party and on checking the vehicle petitioner was found having a bag in his hand and when the bag was opened it was found containing 1.276 Kg. Gold and also general currency notes worth Rs.3,03,000/- were found.as the same were found without proper explanation. Therefore, they were seized under section 102 Cr.P.C. the Indica Car was also seized in absence of relevant documents in relation to the vehicle. In the vehicle along with petitioner two more persons were there. All of them were arrested under Section 109 Cr.P.C.

(3.) The petitioner filed an application before the trial court for supardgi of the gold and the general currency notes recovered from the petitioner and seized by the police. The learned trial court finding that in relation to the seized gold and money Customs Department and Income Tax Department were intimated, therefore, without inquiry by them to deliver the gold and money on Supardginama to the petitioner was not justified and rejected the application vide its order dated 26.2.2009. The petitioner having felt aggrieved filed a revision petition No.8/2009 and same was decided on 23.3.2009. The learned revisional court finding that for the purpose of Supardgi of gold to the petitioner vouchers submitted did not appear genuine and matter was required to be inquired into by the Customs and the Sales Tax Departments and since the petitioner did not file no objection certificates by the Customs Department and the Sales Tax Department, therefore, rejected the revision petition. Hence this petition has been filed.