K.P.S.SANDHU, J. - (1.) THIS petition under section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, has been filed by Paramjit Singh petitioner praying therein that F.I.R. No. 108 dated 3.3.1984 under sections 411/414, Indian Penal Code, registered at Police Station. Lopoke, District Amritsar, (Annexure 1.1), and the proceedings pending in the Court of Judicial Magistrate Ist Class, Amritsar, on the basis of the aforesaid F.I.R., be quashed. The above mentioned F.I.R. was registered at Police Station, Lopoke, on the basis of the report made by Mr. R.L. Chaudhry, Commandant 61 Battalion, B.S.F. The F.I.R. reads as under :- "Subject :- Smuggling - Registration of case. On 9th November, 1983, based on the information received from over higher Head-quarters and DRI, a search was carried out in the field of Paramjit @ Pamma in village Madhoke, Police Station, Lopoke, Thirtysix pieces of silver weighing 699.302 Kgs. were recovered from the fields of Paramjit Singh @ Pamma, who is indulging in smuggling activities. (2) It has been reported that this silver belongs to the following persons :- (a) Paramjit Singh @ Pamma, resident of village Madhoke; (b) Amrik Singh resident of village Shakri; (c) Master Partap @ Partap, resident of Preet Nagar; and (d) Hazara Singh @ Manhata resident of Pandori; (3) This silver was dug in for smuggling across to Pakistan. It is, therefore, requested that a case may please be registered against the defaulters and necessary action taken. Copy of the F.I.R. may please be forwarded to this Unit."
(2.) I agree with the learned counsel for the petitioner that even if the allegations, as contained in the F.I.R., are taken at their face value, no offence under sections 411/414, Indian Penal Code, is made out. The F.I.R. does not disclose that it was a stolen property. On the other hand, it has been definitely stated that a part of the property belongs to the petitioner himself. The main ingredient of sections 411/414. Indian Penal Code, that the property recovered should be a stolen property, is missing. Apart from this, as per allegations, the silver was recovered from an open and accessible place. It was not recovered at the instance of the petitioner. Annexure P-2 is the copy of Mr. J.P. Kaushik, Collector, Central Excise and Customs Collectorate, Chandigarh. The petitioner was proceeded against under the Customs Act for the recovery of the aforesaid silver and he was acquitted of the charge by the Collector. In this view of the matter, the petition is allowed, F.I.R. No. 108 dated 3.3.1984 (Annexure P-1) and the proceedings pending in the Court of Judicial Magistrate 1st Class, Amritsar, on the basis of the aforesaid F.I.R., qua the petitioner, are quashed. Petition allowed.;