SHAMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner who is wife of Shakil Ahmed resident of Mohalla Dakotan, New Sarafa-Ki-Bagichi, Jaipur has filed this petition against the order dated 18.3.1999 passed by learned Special Judge NDPS Act Cases, Jaipur in Sessions Case No. 108/97 on the grounds inter-alia that the petitioner's husband was falsely implicated in a case under the NDPS Act by the local police. Her husband who is an accused in a case under the NDPS Act and is facing trial in Sessions Case No. 108/97 for offence under Sec. 8/21 of the NDPS Act, during the pendency of the proceedings, had moved an application before the learned Special Judge NDPS Act Cases, Jaipur that while conducting the search in her residential premises at Jaipur, the police had taken away some Gold & Silver ornaments which is actually her 'Stridhan' given to her by her father and her relatives at the time of solemnisation of her marriage with Shakil Ahmed and cash amount to the tune of Rs. One Lac, Twenty Six Thousand and Eight Hundred & Fifty out of which, Rs. One Lac was taken by the petitioner from her uncle Master Abdul Rehman for the treatment of her ailing son who is lying in a precarious condition, for his treatment at Apollo Hospital at Delhi. In view of his deteriorating health, the petitioner has again, to take her son for treatment at Apollo Hospital, Delhi for which she had filed the aforesaid application before the learned Special Judge for releasing the aforesaid amount which was seized by the police while conducting the search of her residential premises on 7.9.1997 and also for release of her ornaments and Jewellery which constitutes her as 'Stridhan'. During the course of hearing, learned counsel for the petitioner has placed on record of this Court the medical certificate of the petitioner's son issued by Dr. P.N. Renjen, Sr. Consultant, Department of Neurology, Apollo Hospital, Delhi which is marked as Ex.C.-1 dated 6.4.1999. From the perusal of the said Medical Report, it is borne out that the petitioner's son Master Nayeem was advised to get admitted to Apollo Hospital on 20.8.1998 for further medical investigation, which I am informed by the learned counsel for the petitioner, could not be availed of due to paucity of funds.

(2.) Keeping in view the facts and circumstances of the case and in the interest of justice, I am of the view that ends of justice will be met if the amount of Rs. One Lac, Twenty Six Thousand and Eight Hundred & Fifty be released to the petitioner immediately alongwith Gold and Silver ornaments which was seized by the police at the time of conducting search in residential premises of the petitioner on 7.9.1997 which fact is fully borne out from the impugned-order dated 18.3.1999 of the learned Special Judge NDPS Act Cases, Jaipur itself.

(3.) As a result of above discussion, this revision petition is allowed. It is accordingly directed that the amount of Rs. One Lac, Twenty Six Thousand and Eight Hundred & Fifty together with seized ornaments of Gold and Silver shall be released in favour of the petitioner by way of interim measure subject to petitioner's furnishing a solvent security as against the amount of Rs. One Lac, Twenty Six Thousand and Eight Hundred & Fifty to the satisfaction of the concerned trial Court forthwith. This will however be subject to final order being passed by the trial Court in Sessions Case No. 108/1997. Revision Allowed.