JUDGMENT

J.N. Bhatt, J. - Petitioner has assailed the judgment and order of the learned Additional Sessions Judge, Rajkot, pertaining to the disposal of the muddamal gold ingot, dated 10.9.1982, passed in Criminal Appeal No. 31 of 1981, confirming the judgment and order of the learned Judicial Magistrate, First Class, at Rajkot, dated 31.7.1981, below application Ext. 76 in Criminal Case No. 366 of 1978, by invoking the aids of provisions of section 397 read with section 401 of the Criminal Procedure Code ("Code" for short). A resume of the salient facts leading to the birth of the present revision may, shortly, be stated at this juncture.

2. Present petitioner is a goldsmith from whose custody the muddamal-3 ingots of gold, one ingot of silver, small 40 diamonds and 120 white pearls were seized by the police in the course of the investigation, which culminated into a criminal trial, being Criminal Case No. 366 of 1978.

3. On 14.12.1977, between 2 p.m. and 8 p.m., at Rajkot, a theft was committed in the residential premises of respondent No. 2 herein, who is the original complainant in the aforesaid trial, in respect of gold ornaments valued at Rs. 24,580/-. Five accused persons we