Neutral Citation Number 2022/DHC/005430

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL. M. C. NO. 6494/2022, CM APPL. 25282/2022

STATE (NCT OF DELHI)

..... Petitioner

Through:

Mr. Amit Peswani and Ms. Nandita

Rao, ASC

versus

SUNIL KUMAR PROPRIETOR JAI MAT A DI LOGISTICS

..... Respondent

Through:

Mr. Deepak Singh Thakur, Adv.

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Date of Decision: 2^nd December, 2022

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

CM APPL. 25281/2022 (exemption)

Exemption is allowed subject to all just exceptions.

CRL. M. C. NO. 6494/2022

1.The present petition has been filed for the following prayers:

FIR no. 402/22 under Sections 92/394/506/34 IPC, PS Paharganj”

Digitally Signed

By:PALLAVI VERMA

Signing Date:09.12.2022

16:52:39

Signature Not Verified

Neutral Citation Number 2022/DHC/005430

2.Learned Standing Counsel for the State submits that initially a case FIR

No. 402/2022 was registered under Sections 392/394/506/34 IPC PS

Paharganj.

3.It has been submitted that briefly the allegations are that the

Contractor/consigners- Jai Mata Di Logistics Pvt. Ltd. was carrying the

gold, diamond and silver articles and a robbery was conducted. During

the course of the investigations, recovery was effected. Pursuant to the

recovery been effected an application was moved by Sh. Sunil Kumar,

Proprietor of Jai Mata Di Logistics Pvt. Ltd for release of the articles. The

State gave its no objections on the basis of which learned ACMM-01 vide

order dated 13^th September, 2022 ordered for release of the articles

subject to certain conditions as contained in order dated 13^th September,

2022.

4.On 30^th September, 2022, the State moved an application for conducting

TIP of the case property. This application was rejected by the learned

MM inter alia on the ground that once the articles have been ordered to

be released to the person who was in lawful custody of the articles, there

is no reason whatsoever for identification of the articles. Learned MM

took a view that the articles were ordered to be released upon production

of original bills by the consignor. Learned MM was also of the view that

the application for TIP had to be moved prior to the order of release of

articles and the IO should have raised an objection at the time of reply to

the superdari application, if the articles had not been identified. The

application was inter alia also dismissed on the ground that it was moved

at the belated stage, and may also potentially lead to an inconsistency.

5. Learned MM also inter alia held that in contract of consignment, now it

Digitally Signed

By:PALLAVI VERMA

Signing Date:09.12.2022

16:52:39

Signature Not Verified

Neutral Citation Number 2022/DHC/005430

is up to the jewellers/jewellery shop owners, to claim the articles back

from the consignor, as the articles were allegedly stolen while being in the

custody of the consignor. It was inter alia held that the TIP at this stage,

would be an exercise in futility, as the same is now a matter between the

consignor and the concerned jewellery shop owners.

6.Learned Standing Counsel for the State states that subsequent another

application for TIP was moved which was also dismissed vide order dated

21^st November, 2022.

7.The State then invoked the revisional jurisdiction and learned ASJ vide

his impugned order dated 26^th November, 2022 dismissed the revision

petition predominantly on the ground that the recovered stolen articles are

easily identifiable through the bills and the photographs which were

issued by their respective owners before they were handed over to the

consignor for their delivery to their respective destinations. Learned ASJ

is of the view that the documents the attested copies of which have been

directed to be supplied to the IO can be used for the purpose of

identification of the recovered jewellery articles by comparing and

matching them w