JAGDISHCHANDRA H TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under Section 482 of the Code of Criminal Procedure, 1973 (the Code), the applicants have prayed to quash and set aside the complaint lodged by the respondent No.2 herein which came to be registered as a First Information Report vide Junagadh Police Station, I C.R. No.48/85 as well as Criminal Case No.1103/87 pending in the Court of the learned Chief Judicial Magistrate, First Class, Junagadh qua the present applicants.

(2.) THE facts stated briefly are that all the four applicants were discharging duties as Inspectors of Central Excise at the relevant point of time. The Gold Control Act, 1968 (the Act) was in force at the relevant point of time. The dealers and Goldsmiths were required to take out a licence and a certificate as the case may be under the provisions of the Act. The Customs and Central Excise Officers had been declared as Gold Control Officers and as such were empowered to exercise all the powers, and functions of such officers as provided under the Gold Control Act and the Rules framed thereunder. Pursuant to instructions of Shri S.C. Sainani, Superintendent of Central Excise, Junagadh, the applicants went in a team to raid the business premises of one Shri Laxmandas Vishandas Trilokani. During the course of search, seven pieces of gold being 183.500 grams of the value of Rs.30,000/ - was found unaccounted and hence, they were seized by the raiding party.

(3.) THE applicants seized the aforesaid pieces of gold and a panchnama was recorded, wherein two panchas, namely Shri Jamanbhai Devjibhai Nandha and Shri Dolaram Trikamdas signed as panchas. The pieces of gold were placed in a plastic bag and packed in a card board box, which was wrapped over by a white paper and tied by a string with a single knot and was sealed with lakh by the seal of Assistant Collector, Central Excise, Junagadh. The said seized article was handed over on the same day to Shri S.C. Sainani.