- (1.) HEARD both parties.
(2.) LEARNED JC to GP II submits that he may be allowed further time to seek instruction and file counter affidavit. Learned counsel for the petitioner in course of submission has drawn my attention to a case reported in CM. Mudaliar, petitioner V/s. State of Gujarat, respondent, AIR 2003 SC 638, in which it was held that powers under Section 451 should be exercised expeditiously and judicially. The Court ought to pass appropriate orders immediately and articles are to be kept for a long time at police station, in any case, for not more than 15 days to one month.
(3.) IN this criminal writ petition, petitioner Prabir Kumar Saha is Project Officer, Bhownra (U.G. Mines), PS -Jora Pokhar, District Dhanbad. He has prayed to quash the order dated 27th September, 2003 passed by learned Sessions Judge, Dhanbad in Cr. Revision No. 217 of 2003 (Annexure -3) wherein he refused to set aside the order dated 26th August, 2003 passed by Shri R. L. Singh, Judicial Magistrate, Dhanbad in G.R. No. 1262 of 2002 (Annexure 3 -A) whereby the Magistrate refused to release 37 pieces of G.I. sheets in favour of this petitioner who had prayed on behalf of the B.C.C.L. who is rightful owner. The order of the learned Sessions Judge passed in Cr. Revision No. 217 of 2003 dated 27th September, 2003, Annexure -3, is very clear that he declined to release the GI sheets in favour of the accused -petitioner Durub Saw @ Dhrup Saw of Cr. Revision No. 226 of 2002 who was not the rightful owner and thereby dismissed the revision confirming the order of the learned Magistrate. However, the rightful owner is the petitioner in whose favour release of the G.I. sheets has not been rejected by the Court below.;