NISHA GUPTA,J. - (1.) This petition under Section 482 has been filed against the order dated 20.6.2012 passed by Addl. Judicial Magistrate No.3, Kota whereby the petitioner has been directed to hand over 25 Quintal 70 Kg. Lentils to respondent No.1 on market value.
(2.) The brief facts of the case giving rise to this petition are that an FIR No.18/1982 for the offence under Sections 379, 447 was registered at Police Station Sultanpur, Distt. Kota against respondent No.1. During the investigation, 25 Quintal 70 Kg. Lentils have been recovered from the possession of accused respondent No.1 Ram Karan and it was handed over to the present petitioner. After trial, respondent No.1 was acquitted and he moved an application for handing over the recovered Lentils to him on which impugned order has been passed. Hence this petition.
(3.) The only contention of the present petitioner is that physical possession of the recovered goods was never handed over to him. He has admitted the fact that interim custody of the goods was given to him. The contention of the present petitioner is that recovered goods were sold by Ram Karan himself without his knowledge and unnecessary penalty has been imposed on him to return the goods or market value which has increased much since the year 1982. Per contra, the contention of the learned Public prosecutor is that there is no infirmity in the impugned order. ;