Vineet Kothari, J. - (1.) This petition is directed against the judgment dated 8.9.2004 passed by the learned Additional District and Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur rejecting the application of the State Government under Section 451, Criminal Procedure Code. for giving Supurdagi of the idols and other artefacts seized and recovered at the Instance of the various accused persons who are respondents in the present case. Learned Court below has found that unless and until identification of these idols and artefacts and cross-examination of the various witnesses is completed during the course of trial of these accused persons in the trial Court, it will not be In the interest of justice to release and hand over the Supurdagi of these idols and artefacts to the Government Museum Hawa Mahal, Jaipur which has filed the said application under Section 451, Criminal Procedure Code. through Its Superintendent Smt. Krishna Kanta Sharma.
(2.) Learned Additional Advocate General, Shri M. Rafiq relying on the judgment of the Supreme Court in 2002 (10) SCC 283, Sunderbhai Ambalal Desai v. State of Gujarat , has urged that these idols and artifacts lying in Police Station Vidhyadhar Nagar, Jaipur are In very bad shape and their conditions is further likely to deteriorate if they are kept in that police station as there is no proper arrangement in the police station for keeping such valuable idols and artifacts in proper condition.
(3.) The Hon'ble Supreme Court in the aforesaid judgment held that the valuable articles such as golden or silver ornaments or articles studded with precious stones, need not be kept in police custody for years till trial is over. The Magistrate should pass appropriate orders as contemplated under Section 451, Criminal Procedure Code.;