Mr. Mahesh Chandra Sharma, J.

1. This petition has been filed against the impugned order dated 21.12.2015 passed by learned Addl. District & Sessions Judge No.09, Jaipur Metropolitan, jaipur by which he confirmed the order dated 26.11.2015 passed by Metropolitan Magistrate No.23, Jaipur Metropolitan whereby he rejected the application filed under Section 451 Cr.P.C for release of goods on supardgi.

2. Brief facts of the case are that an FIR No. 315/2015 was registered at P.S. Ramganj, Jaipur (East) wherein it has been alleged that vehicle pick np no. RJ-14GC 4423 was seized by the police and thereafter police seized the premises including adulterate spices and other raw material etc. After investigation, police filed charge-sheet against the petitioner before the court below. Being the owner of goods and machineries, the petitioner moved an application under Section 451 Cr.P.C before the court below but same was dismissed vide order dated 26.11.2015.

3. Being aggrieved by the said order dated 26.11.2015, the petitioner moved a revision petition before the Sessions Judge but ultimately this revision petition was transferred to the court of Addl. District & Sessions Judge No.09, Jaipur Metropolitan and the learned revisional court dismissed the revision petition vide order dated 21.12.2015 being not maintainable and confirmed the order of the trial court dated 26.11.2015.

4. Hence this petition has been preferred against the both the impugned orders dated 26.11.2015 and 21.12.2015.

5. Learned counsel for the petitioner has contended that the police has no power to seize the goods/premises/godown of the petitioner and the petitioner is entitled to get back his goods/premises/godown on superdginama. It is also contended that the petitioner has been falsely implicated in this case.

6. On the other hand, learned Public Prosecutor appearing for the State along with concerned Police Officials has contended that the petitioner who is running factory is producing adulterated spices which are directly or indirectly effecting and spoiling the lives of citizens of this country. It is also contended that petitioner has been found guilty by the Investigating Officer and challan has been filed against him. The trial of the case is likely to take time. It is also contended that such kind of activities are increasing in the country day by day and if action against such persons like petitioner is not taken, the purpose of enacting law by the Legislature under Food Adulteration Act will be frustrated as the same has been enacted to save the lives of citizens. It has also been contended that since the petitioner could not establish his case either in arguments or in pleadings of application under Section 451 Cr.P.C, hence, the orders passed by courts below dated 26.11.2015 and 21.12.2015 are just and proper and does not require any interference by this court.

7. I have heard learned counsel for the parties and perused the entire material available on record including the judgment/orders passed by both the courts below.

8. Looking to the facts & circumstances of the case especially the fact that such kind of food adulteration activities are increasing in the State/country day by day and number of diseases are spreading all over the country by using such spices, therefore, I do not think it just and proper to interfere with the impugned orders passed by both the courts below.

9. Accordingly, in view of above, the orders passed by both the courts below dated 26.11.2015 and 21.12.2015 are maintained. The instant petition is hereby dismissed.

10. However, at this stage, learned Public Prosecutor has requested that challan has been filed and trial of the case is likely to take time. It is contended that trial is not completing since September 2015 as the charge of court of MM No.23, Jaipur Metropolitan has been delivered to the court of ACMM No.18, Jaipur Metropolitan where the Magistrate is link Magistrate, therefore, the concerned ACMM No.18, jaipur M