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2023 DIGILAW 1165 (RAJ)

Jagdish v. State of Rajasthan

2023-05-24

FARJAND ALI

body2023
ORDER : Farjand Ali, J. By way of filing the instant criminal revision petition, challenge has been made to the order dated 18.04.2023 passed by the learned Special Judge, NDPS Act Cases-cum-Additional Sessions Judge, Rajsamand in Criminal Misc. Case No.64/2023 whereby, the application filed by the petitioner seeking releasing the non-judicial stamp register for the year 2022-23 has been dismissed. 2. In nutshell the facts of the case necessary for disposal of the case are that on 29.05.2022 an FIR No.46/2022 was registered at the Police Station Bar for the offences under Sections 195, 465, 467, 468 & 120B of the IPC and under Section 8/29 of the NDPS Act. The petitioner Jagdish filed an application under Sections 451 & 457 of the Cr.P.C. for releasing a Non-Judicial Stamp Register for the year 2022-23 in his favour. 3. Learned counsel for the petitioner submits that the learned trial Court has rejected the application filed by the petitioner for releasing the seized non-judicial stamp sell register on the ground that the said register seized by the investigating agency is a corroborative piece of evidence for constituting the offences under Sections 195, 465, 467, 468 & 120B of the IPC as the learned Court below observed that petitioner Jagdish committed forgery in Stamp Sales Register and helped the accused Rameshwar Lal to prevent him from the offence under Section 8/29 of the NDPS Act; as the investigation is underway, the learned trial Court rejected the application of the petitioner. 4. Heard learned counsel for the petitioner as well as learned Additional Govt. Advocate for the State and perused the order impugned and other material available on record. 5. Considering the overall facts and circumstances of the case and on perusal of the material available on record, it seems that seized register is a corroborative piece of evidence, therefore, it is directed that a certified zerox copy of the seized register be obtained and the same be placed on record; after that the seized non-judicial stamp register will be handed over to the petitioner with a direction that he will make available the said register as and when called upon to do so by the learned trial Court. 6. Accordingly, the instant revision petition is allowed and it is ordered that register in question shall be released in favour of the petitioner provided he furnishes a Supurdaginama of Rs. 6. Accordingly, the instant revision petition is allowed and it is ordered that register in question shall be released in favour of the petitioner provided he furnishes a Supurdaginama of Rs. 25,000/- and surety of like amount to the satisfaction of the Magistrate concerned. 7. Stay petition and all pending applications, if any, shall stand disposed of.