STATE Vs. SURAIN SINGH LANGEH
LAWS(J&K)-2006-3-42
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 07,2006

STATE Appellant
VERSUS
Surain Singh Langeh Respondents

JUDGEMENT

- (1.) STATE is aggrieved by Order dated 10.3.2005 passed by Judicial Magistrate First Class (Forest Cases), Jammu, whereby a shop/ office situated at Second Floor at K.C. Plaza, Jammu allegedly purchased by Surain Singh Langeh, has been ordered to be released on the Supurdnama of the applicant, who in terms of the order has been directed to furnish an undertaking that he shall not dispose of the property by any mode of transfer to any person, firm, corporation or company.
(2.) THE State of Jammu and Kashmir questions the order impugned in the revision petition, inter -alia, on the ground that the order is without jurisdiction and tantamounts to interfering with the investigation, which was being monitored by Honâ„¢ble High Court in OWP No. 496/2003. 
(3.) SH . B.S. Salathia, learned Additional Advocate General, appearing in support of the revision petition submits that F.I.R No.9/2001, under Sections 420, 406,120 -B of the Ranbir Penal Code, stands registered by Crime Branch, Jammu against M/s Endowment Investment India Limited. The Finance Company has looted thousands of depositors of their hard earned money and the petitioner is not a bonafide purchaser and, as such, is not entitled to the release of the property in his favour. Sh. K.S. Pathania, learned counsel for Surain Singh Langeh, on the other hand, submits that the seizure of immoveable property by Police was itself illegal. Police has authority and power to seize only movable property and that immoveable property cannot be seized during the investigation of any case.;


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