JUDGMENT 1. - This petition relates to the custody of certain articles which are Gems, Jewels and other precious stones. These items were stolen from the shop of the petitioner and they were recovered by the police from the accused-non-petitioner No. 1. The petitioner's first application for grant of custody of these valuables was rejected as by that time, identification of these items were not done. Thereafter he moved the second application and this was also dismissed by the Judicial Magistrate No. 3, Jaipur City, Jaipur on March 2nd, 1990 on the ground that the items are precious stones and identification of the same cannot be done and the quality of the stones cannot be judged. Besides this, it was further observed that the petitioner would not be able to make use of the same because these articles will be required during the trial. 2. The learned counsel for the petitioner has contended that there are no adequate arrangements for the storing of these gems, jewels and that these stones require a particular type of light, air and some times oil and water also for retaining the gem value. Some stones are sensitive to high temperature and hot solutions. According to him. stones some times get cracked unless they are stored properly. It is contended that the accused had not made any claim to these valuable articles and if they are given to the petitioner, he shall produce them on all dates of hearing and whenever required. 3. The learned Public Prosecutor has contended that the value of the goods is such which cannot be easily ascertained and custody of these stones to the petitioner may result in a change of the stones. 4. The case against the accused is that he stole the precious stones from the showroom of the petitioner and all the stones are packed in small packets and they bear labels of the petitioner's shop. Except for the petitioner, no one else is making claim to these articles. While it may be said that there are arrangements in the double lock of the courts to store these precious stones but at the same time it can be said that there may be chances of change in the value of the articles if storing is not done properly. While it may be said that there are arrangements in the double lock of the courts to store these precious stones but at the same time it can be said that there may be chances of change in the value of the articles if storing is not done properly. The learned counsel for the petitioner placed before me a book Gem Stones of the World' by Walter Schumann in which directions have been given as to storing of the precious stones in order to retain their freshness as well as value. In the circumstances, the precious and semi-precious stones etc. recovered from the accused by the police can 'be handed over to' the petitioner on furnishing a superdiginama. At the same time it can be said that in order to avoid the exchange of goods, these goods may be handed over to the petitioner in a sealed condition. The seal be affixed before the Magistrate. Only if the trial proceeds for a long time then the petitioner should be permitted by the Magistrate to open the packet. 5. This petition is allowed. The petitioner is entitled to get the custody of the gems, jewels precious and semi precious stones from the court on his furnishing a superdiginama in the sum of Rs. 4,00,000/- (Rupees four lacs) on the condition that he shall produce the articles in court on all the dates of hearings and as and when required by the trial court and that he shall not dispose them during the pendency of the trial or without the previous permission of the trial court. He shall keep the articles in a sealed condition as sealed by the court. The Magistrate shall deliver the goods to the petitioner after sealing them in a sealed box and this seal shall be kept intact by the petitioner and can be opened before the Court only.Petition allowed. *******