- (1.) The petitioner in this revision application has questioned the legality of the impugned order dated 31.05.2012 passed by Judicial Magistrate, 1st Class, Dhanbad in G.R. Case No. 1176 of 2011, whereby and whereunder the application filed on behalf of the petitioner for release of the seized iron scraps, has been rejected.
(2.) The petitioner has been made accused in Dhanbad (Bank More) P.S. Case no. 296 of 2011 lodged on 13.04.2011 under Section 414 of the I.P.C. on the allegation that the informant, who was the Officer -in -charge of the aforesaid police station, after getting some information that petitioner is involved in illegal business of iron scrap, conducted raid in his business premises and seized the iron scraps from his godown and prepared production -cum -seizure list.
(3.) Learned counsel appearing for the petitioner seriously contended that even though the entire documents were produced before the Investigating Officer, to show that the petitioner is a bonafide purchaser of those scrap materials and dealing with the business of scrap materials, a report was called for by the court below from the I.O. of the case and even after being the report in favour of the petitioner, the court below without appreciating the report in right perspective rejected his prayer holding " I am not inclined to release the aforesaid huge quantity of iron scrap materials in favour of the petitioners as the same is required during the course of evidence as material exhibits." Learned counsel relying upon the ratio decided in a case Sunderbhai Ambala Desai Versus State of Gujarat reported in [2003 (4) J L J R ( S.C.) 135], submitted that the power under Section 451 of the Code of Criminal Procedure (in short "the Code") should be exercised expeditiously and judiciously so that the owner of the article seized does not suffer because of its remaining unused or by its misappropriation. It was also submitted that there is no other claimant of the seized scrap, hence the order impugned is fit to be set aside and a direction may be given to the court concerned to release the scarp in favour of the petitioner.;