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1998 Supreme(Raj) 970

AMARESH KUMAR SINGH
C. I. T. , Jodhpur – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - None appeared on behalf of the petitioner. Heard the learned Public Prosecutor and learned counsel for non-petitioners No. 2 & 3 and perused the record of the case as well as the petition and the impugned order dated 6.11.1996.

2. It appears that on 15.7.1996 at 6.00 p.m. the residential house of Parminder Singh (non-petitioner No. 2) was searched. On conducting search Parminder Singh was found inside the house and as many as 36 articles and currency notes of the value of Rs. 6,56,650/- were found in the house. The articles as well as currency notes were seized by the Police Officer conducting search under section 102 Cr.P.C.

3. An application was moved before the learned Additional Chief Judicial Magistrate No. 3, Udaipur by Parminder Singh (non-petitioner No. 2) praying that the documents and the currency notes which had been recovered from his possession be returned to him as they were not required for the purpose of any inquiry or trial. The learned Additional Chief Judicial Magistrate after hearing the counsel for the applicant Parminder Singh and the Assistant Public Prosecutor passed the impugned order dated 6.11.1996 where by he allowed the application moved by







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