Research › Browse › Judgment

Rajasthan High Court · body

1993 DIGILAW 92 (RAJ)

Shiv Charan v. State of Rajasthan

1993-02-08

M.C.JAIN

body1993
JUDGMENT 1. - This petition has been filed under Section 482. Criminal Procedure Code against the order of the learned Munsiff-cum-Judicial Magistrate, Revdhar dated January 02, 1993 by which he has refused to give the crates of Indian made foreign. liquor seized by the police in C.R. No. 95/92, P.S. Mandar under Section 16/54. Rajasthan Excise Act. 2. It is contended by learned counsel for the petitioner that the petitioner is the owner of the said liquor and if it is allowed to remain in the police station it will deteriorate. He further submits that the liquor would not be required during the trial of the case. 3. In reply. the learned Public Prosecutor submits that the said liquor may be given in 'supardginama' of the petitioner. 4. Under the facts and circumstances of the case, the petition moved under Section 482. Criminal Procedure Code deserves to be allowed. 5. The misc. petition is allowed. The order of the learned Munsitf-cum-Judicial Magistrate, Revdhar dated January 02. 1992 is quashed. The learned Munsiff-cum-Judicial Magistrate, Revdhar will give the said liquor to the petitioner if he furnishes 'supardginama' to his satisfaction, *******