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2006 DIGILAW 407 (RAJ)

State of Rajasthan v. Vaman Narayan Ghiya

2006-02-07

VINEET KOTHARI

body2006
Judgment Dr. Vineet Kothari, J.-This petition is directed against the Judgment dated 08.09.2004 passed by the learned Additional District and Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur, rejecting the application of the State Government under Section 451, CrPC for giving Supurdagi of the idols and other artefacts seized and recovered at the instance of the various accused persons who are respondents in the present case. Learned Court below has found that unless and until identification of these idols and artefacts and cross-examination of the various witnesses is completed during the course of trial of these accused persons in the trial Court, it will not be in the interest of justice to release and hand over the Supurdagi of these idols and artefacts to the Government Museum Hawa Mahal, Jaipur which has filed the said application under Section 451, CrPC through its Superintendent Smt. Krishna Kanta Sharma. 2.Learned Additional Advocate General, Shri M. Rafiq relying on the Judgment of the Supreme Court in 2002 (10) SCC 283, Sunderbhai Ambalal Desai vs. State of Gujarat, has urged that these idols and artefacts lying in Police Station Vidhyadhar Nagar, Jaipur are in very bad shape and their conditions is further likely to deteriorate if they are kept in that police station as there is no proper arrangement in the police station for keeping such valuable idols and artefacts in proper condition 3.The Honble Supreme Court in the aforesaid Judgment held that the valuable articles such as golden or silver ornaments or articles studded with precious stones, need not be kept in police custody for years till trial is over. The Magistrate should pass appropriate orders as contemplated under Section 451, CrPC. 4.This matter was also taken before the Division Bench of this Court in the form of Public Interest Litigation namely; D.B. Civil Writ Petition No. 5082/2003 in which the Division Bench of this Court passed an order on 010.2004 taking note of the fact that a petition under Section 482, CrPC has been filed by the State Government and the same is pending before the learned Single Judge, therefore, Court expressed the hope that the said petition under Section 482, CrPC, the present petition, would be decided expeditiously. However, even after 010.2004, it has been over one year now that this petition has come up before this Court on orders stage. However, even after 010.2004, it has been over one year now that this petition has come up before this Court on orders stage. In view of the urgency of the matter and the nature of the case, this case was, therefore, taken up for final disposal and the arguments were heard. 5.Shri R.N. Khandelwal, learned Counsel for the Respondent No. 1 - Vaman Narayan Ghiya, submits that unless the cross-examination of the witnesses is over, it would be thus safe and it would not serve the interest of justice, if these idols and artefacts are shifted from police station to any public museum. 6.As against this, learned Additional Advocate General, Shri M. Rafiq submitted that the State Government in the said museum at Hawa Mahal will take full and proper care for safety and security and proper keeping of these valuable articles like idols and artefacts and the case of the accused persons is not likely to be affected by shifting of these articles into the museum. 7.I find consideration force in the submissions by the learned Additional Advocate General, Shri Rafiq that these valuable articles are not only articles recovered in connection with some criminal case but they are also part of national heritage. Keeping them in police station for such a long period would not only be hazardous and unsafe but on the contrary, their shape and condition may further deteriorate which may be beyond recovery. The custody of these articles is being sought by the State Government and one fails to understand how keeping them in safe and proper condition to be maintained by the State Government can cause any prejudice in that case. It is indeed a matter of grave concern that the trial Court over looking these facts, has rejected the application of the State Government under Section 451, CrPC on rather technical and pendantic approach. Such order is liable to be set aside. 8.Accordingly, this petition is allowed. It is indeed a matter of grave concern that the trial Court over looking these facts, has rejected the application of the State Government under Section 451, CrPC on rather technical and pendantic approach. Such order is liable to be set aside. 8.Accordingly, this petition is allowed. The impugned order dated 08.09.2004 is set aside and the State Government shall be given Supurdagi of all these idols and artefacts in question lying in Police Station Vidhyadhar Nagar, Jaipur under proper Supurdagi and after making proper inventory of the same and State Government shall be bound to keep them in safe and proper condition in the Government Museum at Hawa Mahal, Jaipur and the State Government shall make such arrangement for safety, security and proper care of these idols etc. as may be found necessary and expeditious in the facts and circumstances of the case. It is needles to say that whenever during the trial, the production of any of these idols is required for the purpose of said trial, the State authorities shall comply with such directions punctually and meticulously.