- (1.) This is a revisional application under Section 401/482, Cr.P.C. filed by Sk. Abdulla and four others directed against the judgment and order dated 29th August, 1998 of the learned Additional Sessions Judge, 2nd Court, Berhampore passed in Criminal Appeal No. 13/1998 of thereby affirming the judgment and order dated 22nd May, 1998 of Learned Judicial Magistrate, 3rd Court, Berhampore in Case No. Berhampore P.S. GDE No. 1288 dated 25.9.1997 under Section 41 of the Cr.P.C. confiscating seized cash of Rs. 6,40,000/- under Section 452 of the Code.
(2.) The relevant facts leading to this revision petition are as follows : On 25.9.1997 the petitioner No. 1, Sk. Abdullah @ Abbas Ali was arrested by Berhampore Police when a sum of Rs. 6,40,000/- (six lacks forty thousand) in cash was seized from his possession and when he failed to give any satisfactory account for the same and police suspected that they were the sale proceed of gold biscuits. Police then started inquiring into the case after obtaining permission of the Court. The accused was enlarged on bail.
(3.) On 30.9.1997 Akbar Ali Mandal and three others (present petitioner Nos. 2 to 5) jointly filed an application under Section 451, Cr.P.C. praying for return of the seized cash on the plea that it belonged to them and the accused was carrying it at their instance. The learned Magistrate called for a report of the I.O. but on a subsequent date, viz. on 7.10.1997 before any such report of the I.O. was received by the Court, the petitioners filed a fresh petition claiming return of the money and the learned Judicial Magistrate after hearing the parties rejected the same observing that the prayer was misconceived.;