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1996 DIGILAW 672 (RAJ)

Dalpat Mehta v. State of Rajasthan

1996-07-05

A.K.PARIHAR

body1996
JUDGMENT 1. - Heard learned counsel for the parties. As per averments in the Petition an FIR was lodged on 22.12.1995 regarding theft of electric detonators. After investigation the recovery was made by the police. On an application moved by the petitioner the learned trial court granted custody of the articles to the petitioner on furnishing sureties of Rs. 25 thousand vide order dated 11.4.1996. However, while allowing the custody the trial court imposed a condition that petitioner will keep the goods in good condition. Learned counsel for the petitioner submits that looking to the nature of the articles i.e. electric detonators and safety fuse, such articles are of no use after expiry of certain period. As per the learned counsel for petitioner, the expiry period of such articles is about six months. The no. of electric detonators is 2450 and there are 3o bundles of safety fuse, as given by the learned counsel for the petitioner. Mr. Awasthi further submits that trial may take long time and by then the articles will be of no use and that he will suffer huge loss. As a matter of fact all these articles belong to the petitioner. 2. Looking to the entire facts and circumstances in the matter, it will be just and proper to direct the trial court to keep a detailed list of articles handed over to the petitioner and also keep samples of articles for identification purpose and thereafter the petitioner may be allowed to utilise them. The samples be taken in presence of the learned trial court and be kept in safe custody till completion of the trial. 3. The petition is disposed of accordingly.Petition allowed. *******