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Shyam Nath Ram v. State Of U.P. - APPLICATION U/s 482 No. 9148 of 2002 [2005] RD-AH 5564 (10 November 2005)


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Criminal Misc. Application No.9148/2002

Ram Nath Ram                                                          Applicant


State of Uttar Pradesh �?��?��?��?�                           Opposite Party

Hon.K.N.Sinha J.

Heard learned counsel for the applicant and learned AGA and perused the counter affidavit filed by learned AGA.

By present application under Section 482 Cr.P.C petitioner has prayed for quashing the order dated 3.5.2002 and 18.7.2002 passed by Special Judge Anti Corruption Varanasi, in Case Crime No.93 of 2002 S.N.Ram Vs State, which is annexure 2 and 3 on record.

So far as order dated 18.7.2002 is concerned it is second application for the release of cash and the revolver, the first application being rejected on 2.5.2002. The amount of cash of 1,69,400/  was recovered from the Almirah of S.N.Ram by the vigilance Varanasi.

The contention of learned counsel for the applicant is that the said amount was given by his brother in law for purchase of vehicle. The case regarding revolver is that the applicant has not intimated the department. The money and the revolver both are being damaged and not being  utilized in any manner.  In respect of the release of currency note or any other article the complete law has been laid down by Hon. the Apex Court in JIC,615,SC 2003(1) Sunderbhai Ambalal Desai Vs State of Gujarat  with C.M.Mudaliar Vs State of Gujarat  Every item has been dealt with in this case. So far as the release of valuable articles and currency notes are concerned, Hon.the Supreme Court has laid down the guidelines in paragraph 9 and 10 of the judgment.

Accordingly, the order dated 3.5.2002 and 18.7.2002 are set aside. The revolver shall be released in favour of applicant on his furnishing personal bond of Rs. one lac (1,00,000/) and with the undertaking that he shall keep the revolver with him as such and produce when required by the court.  He will also get the license renewed. So far as the currency notes are concerned the court shall prepare a detailed list of the currency notes and after taking photographs of such currency notes the actual currency notes shall be delivered to the applicant on his furnishing a personal bond as mentioned above. The photograph of the currency note shall be preserved which may be used during the trial.

The above articles should be released within one month from the date of order in favour of applicant.




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