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2003 Supreme(Bom) 363

S.T.KHARCHE
Chandu Chaitram Aswani – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - KHARCHE S.T., J.:---Rule. Rule made returnable forthwith.

2. Heard Shri Ghare, learned Counsel for the applicant and Shri Mirza, learned Additional Public Prosecutor for the State.

3. Invoking the inherent powers of this Court under section 482 of Code of Criminal Procedure ("the Code" for short) the applicant has challenged the impugned orders dated 29-5-2002 and 21-6-2002 passed by the learned Judicial Magistrate, First Class as well as the order dated 21-6-2002 passed by the Additional Sessions Judge, Chandrapur, rejecting the relief sought by the applicant-petitioner for releasing the cash amount of Rs. 1,31,571/- on execution of supratnama under section 451 of the Code.

4. Brief facts are as under:---

The applicant is carrying on the business of Sonam Spare Parts near Bus Stand Ballarshah and his wife is working as Travelling Agent. The police had conducted raid at the premises of the applicant-accused on 16-5-2002, the respondent P.S.O. had conducted raid in the old premises purchased by the appellant and it is alleged that five persons were found to be playing Worli Matka and that some documents and articles were seized from the said place. The cash amount of Rs. 1,3




















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