VIJAY KUMAR VERMA, J. - (1.) A .G.A. has filed counter affidavit which is taken on record. Heard Sri R.K.Verma, Advocate, appearing for the applicant and A.G.A. for the State and also perused the record.
(2.) ALLEGATION against the applicant is that 455 bags of tea were recovered from the shop of the applicant on 8.7.2008 by the police. Although certain arguments on the merit have been made by the applicant's counsel, but it has been brought to my notice that the court below has not decided the bail application of the applicant on merit assuming that the courts at Moradabad have no jurisdiction to decide the bail application. I have gone through the order dated 16.9.2008 passed by Sri Rajiv Kumar Agarwal, Addl. Sessions Judge, Court No.1 Moradabad in bail application No.3446 of 2008. From this order, it transpires that an argument was made from the side of the prosecution that the courts at Moradabad have no jurisdiction to decide the bail matter, because the case is being investigated by Assam Police, as the property which is said to have been recovered, pertains to a case of Assam. On this basis, the court below has not passed any order on the bail application on merit. In my opinion, aforesaid view of the court below is not legally sound. The alleged tea bags are said to have been recovered from the shop of the applicant situated in kasba Bilari in Moradabad district. On the basis of alleged recovery of tea bags, a case under Section 41/102 Cr. P.C. read with Section 411 I.P.C. has been registered against the applicant at crime No. Nil of 2008 at P.S. Bilari Moradabad district. Therefore, courts at Moradabad can decide the bail application in these sections. Reference in this regard may be made to sub Section (4) and (5) of Section 181 of the Code of Criminal Procedure. Since the offences mentioned above may be inquired into or tried by the Moradabad courts, hence the bail application of the applicant in these Sections can be entertained and disposed of by Moradabad courts. Although it is true, as is evident from para 5 of the counter affidavit that the tea bags are said to be the property of case Crime No. 37 of 2008, under Section 407 I.P.C. of P.S. Guru Chowk Kamrup, district Gauhati ( Assam), but merely on this ground it cannot be said that the courts at Moradabad cannot decide the bail application for the offences under which F.I.R. has been registered against the applicant in district Moradabad.
(3.) THEREFORE , the Sessions Judge Moradabad is directed to decide himself the bail application of the applicant on merit as early as possible. Aforesaid order dated 16.9.2008 is hereby set aside. With this direction the present bail application is finally disposed of. The office is directed to send a copy of this order to Sessions Judge Moradabad for necessary action.;