Bombay High Court
Sandip Ramdas Jadhav vs State Of Mah. Thr. Pso Ps Anjangaon ... on 20 February, 2023
Bench: G. A. Sanap
36.revnl.272.2022 judge.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL REVISION APPLICATION (APL) NO.272 OF 2022
Sandip Ramdas Jadhav,
Aged 36 Yrs., Occ.: Labour,
R/o. Dhadi, Post.: Dahigaon Recha,
Tq. Anjangaon Surji, Distt. Amravati
.... APPLICANT
// V E R S U S //
State of Maharashtra,
Through Police Station Officer,
Police Station Anjangaon Surji,
Anjangaon Surji, Tq. Anjangaon Surji,
Dist. Amravati
... NON-APPLICANTS
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Shri. D. S. Khushalani, Advocate for the applicant
Shri S. A. Ashirgade, APP for non-applicant
--------------------------------------------------------------------------------------------------
CORAM : G. A. SANAP, J.
DATE : 20th FEBRUARY 2023
ORAL JUDGMENT :
1. Heard.
2. Rule, Rule made returnable forthwith. Heard finally
with the consent of learned Advocates for the parties.
36.revnl.272.2022 judge.odt
3. In this revision application, the challenge is to the
order dated 06.09.2022 passed by the learned Additional Sessions
Judge, Court No.2, Achalpur whereby the learned Sessions Judge
was pleased to reject the application made by the applicant for
releasing of one FFS Pouch Packing Machine and Mobile Phone
seized in Crime No. 522 of 2021 by Anjangaon Surji Police Station.
The crime was registered for the offences punishable under Sections
328, 188, 272, 273 of the Indian Penal Code against the applicant
and one absconding accused. According to the applicant, the
machine and mobile were purchased by him. He is having
registration certificate from the Government for the machine. It is
contended that the chargesheet has been filed. The charge has not
been framed. The trial may take its own time for conclusion. The
machine is required for day to day use by the applicant. The
applicant on this contention applied for release of the machine and
mobile phone.
4. Learned Judge on the basis of the material placed on
record was pleased to reject the application. It is seen on perusal of
36.revnl.272.2022 judge.odt
the order that the application was rejected on the basis of the
apprehension placed on record by the prosecution with regard to the
use of this machine for commission of similar defence in future by
the accused.
5. Learned Advocate for the accused submitted that the
accused has purchased the machine. It is his contention that the
machine was used for packing sunflower seeds. Learned Advocate
submitted that the apprehension placed on record by the
prosecution with regard to the possibility of use of this machine in
similar crime can be taken care of by directing the applicant to file
the undertaking to that effect.
6. Learned APP submitted that the machine which was
seized in the crime is not a complete machine. The absconding
accused is yet to be arrested. Learned APP further submitted that
the mobile phone was used for communication between the accused
No.1 and absconding accused for commission of crime. Learned
APP submitted that the mobile phone cannot be released at all.
7. On going through the record it is seen that the said
36.revnl.272.2022 judge.odt
machine was purchased by applicant. The investigating officer at
the time of raid found 41 packets of pan masala and 24 packets of
vimal pan masala. The packets have been seized. The machine is
lying at police station. It is to be noted that the livelihood of the
applicant depends upon said machine. The machine, if kept in idle
condition for years together then it would become useless. The
machine was purchased for Rs.1,30,000/-. The said machine is a
source of income of poor man. Therefore, in my view, keeping such
machine idle without use of the same by the applicant would not
serve any purpose. The investigation is over. Charge sheet has been
filed. The necessary reports and opinions have been obtained.
Therefore, the apprehension sought to be placed on record with
regard to the use of this machine in similar crime in future can be
taken care of by directing the applicant to furnish suitable
undertaking. In the facts and circumstances, I am of the view that
the case is made out to release the machine. As far as the mobile
phone is concerned, at this stage, I am not inclined to allow the
prayer to release the same. It is not clear at this stage as to whether
the CDR of the said mobile phone has been obtained or not.
36.revnl.272.2022 judge.odt
8. In the facts and circumstances, the application is
partly allowed.
9. The FFS Pouch Packing Machine, seized in the
crime, be released to the applicant on his furnishing the solvent
surety in the sum of Rs.1,30,000/-. The applicant shall also furnish
an undertaking to the Court that during the pendency of the trial he
will not use this machine for any illegal purpose.
10. Rule accordingly. No costs..
11. The criminal revision application stands, disposed of.
(G. A. SANAP, J.)
Namrata
Signed By:NAMRATA YOGESH
DHARKAR
P. A.
High Court Nagpur
Signing Date:22.02.2023 18:45
