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NAND LAL versus STATE OF U.P.

High Court of Judicature at Allahabad

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Nand Lal v. State Of U.P. - CRIMINAL REVISION No. 1605 of 1987 [2006] RD-AH 14379 (25 August 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

                                        Reserved

Criminal Revision No.  1605 of  1987

Nand Lal . . . . . .  . . . . .  . . .  . . . . . . . . . . .  . . . Revisionist.

 Versus

State of U.P.   . . . . . . .  . . . . . . . . .  . .   . . . . . . Opp.Party.

  ----

Hon'ble R.K.Rastogi,J.

This is a revision against the order dated  9.9.1987 passed by   Sri N.S. Shamsheri, then Addl. Sessions Judge/Special Judge, Meerut in Criminal Revision no. 378 of 1986, State Vs. Nand Lal.

The  facts  relevant for disposal of this revision are that  the present revisionist and five co-accused were  challaned under section 5/9, Explosives Act by the  police of P. S. Delhi Gate, Meerut. The aforesaid accused persons had moved an application for return of that property which was recovered form their possession and was said to be an explosive substance.  The learned Magistrate  after hearing the parties allowed the application and ordered that the property should be  returned back to the accused persons. Aggrieved with that order the State filed six  revisions against accused persons  including  criminal revision no. 378 of 1986 against Nand Lal, present revisionist in the  court of the Sessions Judge, Meerut.  These revisions were heard and decided by Sri N.S. Shamsheri, then Addl. Sessions Judge/Special Judge, Meerut vide his order dated 9.9.1987 in which he held  that the property which was recovered from the accused was to be sent for chemical examination   and to expert for analysis  and so there was no question of returning the same to the accused persons and the  prosecution will be deprived  of the opportunity to get it examined by expert if the property is returned  to the accused persons. Therefore, he allowed the revisions and set aside the order passed by the Magistrate. Aggrieved with that order  accused Nand Lal  filed  this revision in this Court.

None appeared for the revisionist at the time of  hearing of the revision even after revision of the  cause list, hence, I heard the learned A.G.A. appearing for the  State and perused the  order passed by the learned Addl. Sessions Judge.

From a perusal of the order  passed by the  learned Addl. Sessions Judge  I find  that  it does not suffer from any illegality. When the property which was recovered from possession of the accused was  claimed to be an explosive substance and  was being allegedly used for making an explosive as per the prosecution case, the same could not be returned to  the accused  before an inquiry on the point  by obtaining expert's report and the order of the learned Magistrate  on the point was erroneous and the learned Magistrate had acted with material irregularity in exercise of his jurisdiction. The learned Addl. Sessions Judge rightly allowed the revision and  the order passed by him setting aside the order of the  Magistrate  does not suffer from any illegality and it deserves to be  up-held.

The revision in this way has got no force and  it is accordingly dismissed. The order passed by the Addl. Sessions Judge is confirmed.

Stay order  is vacated.

Dated:25.8.2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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