The court emphasized the need for expeditious release of seized property under Section 451 CrPC to prevent waste, affirming the petitioner's ownership and the absence of rival claims.

ORDER :

Mr. Sudesh Bansal, J. - In this petition, a challenge has been made to the order dated 12.02.2024 passed by the Special Judge, SC/ST Cases, Sawai Madhopur, dismissing criminal revision petition No.8/2024 filed by petitioner-firm and order dated 24.01.2024 passed the Chief Judicial Magistrate, Sawai Madhopur, dismissing application of petitioner filed under Section 451/457 CrPC refusing to release seized property i.e. Crackers and Fireworks and further prayer has been made by petitioner to allow his application dated 05.12.2023, granting permission to return his seized articles of crackers and fireworks and allowing to sale/alienate such articles, which are in the nature of speedy and natural decay.

2. Heard counsel for petitioner, learned Public Prosecutor and perused the record made available before this Court.

3. Briefly stated, facts of case are that during patrolling in the city of Sawai Madhopur on 10.10.2023 at about 07:00 PM, ASI, Jitendra Singh accompanied with his team, seized crackers and fireworks weighing 15, 828.13 kg, which were kept and stored in petitioner's godown, only on account of not holding valid licence to store/sale such explosives in huge quantity. Thereafter, one FIR No.385/2023 for offences under Section 286, 336 of IPC and Section 5/9-B of the Explosive Act, 1984 was registered. After investigation in the FIR, charge-sheet has been filed against persons who have concern with the petitioner-firm. The seized articles i.e. Crackers and fireworks have been ordered to be kept under seal of police, in petitioner's godown itself.

4. Petitioner-firm through its present proprietor moved an application dated 05.12.2023 invoking provisions of Section 451/457 CrPC, stating inter alia, that the firm is having a licence of storage and sale of fire crackers right from 1997, which has been renewed regularly time to time by the concerned authority upto 31.03.2014 and now the licence has been renewed by the District Magistrate, Sawai Madhopur from 09.11.2023 to 31.03.2024. It is stated in the application that petitioner firm is owner of the seized fireworks and crackers, which have worth of about Rs. 20 lacs, and same were purchased by petitioner firm through bills/invoices, after making payment of taxes, GST etc. to the State Government and Central Government. It is stated in the application that conclusion of criminal trial would take its own time and now in the meanwhile, seized fireworks and crackers may be allowed to be returned and permitted to sale by petitioner-firm, subject to furnishing Supurdaginama, Security or Bank Guarantee to the satisfaction of the Court and since seized articles of fireworks are subject to speedy and natural decay, therefore, if not released forthwith, entire articles would become unusable and turn into waste material, hence, prayer was made to allow the application. It is also stated in the application that except petitioner-firm, there is no other rival claimant, claiming ownership/delivery of seized fireworks and crackers.

5. The trial Court dismissed the application vide order dated 24.01.2024 and the criminal revision petition filed by petitioner-firm against the order of the trial Court, has also been dismissed vide order dated 12.02.2024, hence, this petition.

6. The case of prosecution, to seize the fireworks and crackers from petitioner's godown is only based on having no valid license for storage/sale of the firework and crackers on 10.10.2023, at the time of inspection, petitioner-firm has placed on record the licence from 10.11.1997 to 31.03.2014 and 09.11.2023 to 31.03.2024 issued by the licensing authority under the relevant provision of the Explosive Act and Rules. To establish its ownership, petitioner-firm has also produced on record the bills/invoices where under such fire crackers were purchased. The fireworks were seized from the godown of petitioner-firm and there is no rival claimant, qua the claim of petitioner-firm, seeking to return seized fireworks. In bot