By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”), the petitioners seek quashing of the order dated 17.10.2014, passed by the learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur, in G. R. Case No. 3280 of 2013/ Tr. No. 4687 of 2014, arising out of Goroul P. S. Case No. 256 of 2013 dated 31.07.2013, registered under Section 395 of the Indian Penal Code (for short “IPC”), whereby the Sub-Divisional Judicial Magistrate, Vaishali at Hajipur rejected the application dated 09.10.2014 filed by the petitioner no. 1 for grant of permission to sell the released goods (16 refrigerators), on the ground that refrigerators are material exhibits and in case they are sold, the prosecution would not be able to produce them at the time of adducing evidence.

2. Goroul P.S. Case No. 256 of 2013 was registered on the basis of oral statement of one Vikash Kumar, driver of the truck bearing Registration No. BR-1GA-0635, which was recorded by the Sub-Inspector of Police at 7.30 a.m. on 31.07.2013 in the Goroul police station.

3. In his oral statement, the informant in presence of Khalasi of the truck Shashi Kumar stated that last night at 1.30 a.m. having loaded 39 refrigerators (190 liters each) of Samsung Company on the truck, he proceeded to deliver the refrigerators at Hathi Chauk, Muzaffarpur. At 03.30 a.m., his truck was stopped by five persons who were on a Bolero vehicle without any number on pistol point near Goroul over-bridge on N.H. 77. They took him and Khalasi on a Belero vehicle and made to sit them below the seat after having tied their hands and legs with towel. One of the miscreants took the truck towards Muzaffarpur. The miscreants administered them injection and subsequently took them towards west. They were left at a lonely place and thereafter they fainted and in the morning after regaining their sense, they came to the police station and on the way to police station informed the truck owner Vijay Kumar Singh from the mobile phone of an auto rickshaw driver. He has further stated that his mobile phone of Samsung Company with two SIM numbers 8294458703 and 9608127306 and Khalasi’s Chinese G-9 mobile with Smart SIM number 98636149010 were in the truck which were taken by the miscreants. His purse containing Rs.5000/- was also taken by them.

4. In course of investigation, the police recovered 16 refrigerators on 11.09.2013, i.e., 14 refrigerators from two shop like rooms taken on rent by Ramesh Sah from Nawal Kishore Roy and 2 refrigerators from the house of Gajendra Jha respectively.

5. Mr. Mritunjay Kumar, learned counsel for the petitioners has contended that the petitioner no. 2 M/s S. S. Logistics Private Limited (for short “Company”) had entered into an agreement for logistics service for warehousing, receipts, storage, transportation, etc. of electronic appliances with Samsung India Electronics Private Limited and in terms of the said agreement was conducting business of electronic appliances (Refrigerators/ Fridges) manufactured and marketed by Samsung India Electronics Private Limited and in terms of the logistic agreement the Company had attained ownership over the goods which were put in possession of the Company. He has submitted that the Company is a duly registered Private Company limited by share and is incorporated in accordance with the Companies Act, 1956.

6. Mr. Kumar has further contended that the petitioner no. 1 is one of the Directors of the Company. The petitioner no. 1, having learnt about recovery of 16 refrigerators and its seizure by the police and being authorized by petitioner no. 2, filed an application on 22nd October, 2013 for release of the seized refrigerators which was allowed by the Sub-Divisional Judicial Magistrate Vaishali at Hajipur, vide order dated 28.3.2014, on condition of submission of two indemnity bonds of Rs.2 Lakh each and two sureties of the same amount and on furnishing the same the seized refrigerato