- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.620 OF 2009 WRIT PETITION NO.620 OF 2009 WRIT PETITION NO.620 OF 2009 Dnyaneshwar Dattatraya More ...Petitioner vs. The State of Maharashtra ...Respondent Ms Smita Gaidhani for the petitioner Mr.H.J.Dedhia A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 20,2009 : APRIL 20,2009 : APRIL 20,2009 P.C.: P.C.: P.C.: 1. Rule. Learned A.P.P. waives service. Forthwith taken up for final disposal. 2. The petitioner is being prosecuted for certain offences. An application was made by the petitioner under section 457 of the Code of Criminal Procedure,1973 for return of seized property such as monitor, key board, C.P.U, web camera, xerox machine, printer, sales stamp register etc. On 19th August 2008, the learned Judicial Magistrate First Class, Niphad partly allowed the application and directed that all the articles seized from the petitioner except C.P.U., sales stamps register and memory card of web camera be delivered to the present petitioner and other applicants. A revision application was preferred by the petitioner for challenging the said order. The said revision application has been dismissed. - 2 - 3. The learned counsel for the petitioner states that the petitioner is confining his prayer in the petition only to the extent of for release of sales stamps register seized from the custody of the petitioner. The petitioner and other accused have been charge sheeted for the offences under section 419, 420, 265 and 471 read with section 34 of the Indian Penal Code. The allegation is that the accused prepared bogus affidavit by scanning the photographs on the affidavits for obtaining caste certificate, income certificate etc. Considering the nature of the allegations of the prosecution, there is no justification for not granting custody of the sales stamp register to the petitioner. The custody can be granted subject to certain terms and conditions to ensure that the petitioner produces the same as and when it is required for the purpose of trial. 4. Hence, I pass the following order : i) The impugned orders are modified and it is directed that the petitioner is entitled to take back his sales stamp register seized by the police subject to compliance with following conditions : a) A true xerox copy of the entire register shall be prepared at the cost of the petitioner and after obtaining signatures of the petitioner and the - 3 - concerned Investigating Officer on every page of the xerox copy, the original register shall be returned to the petitioner. b) The petitioner shall file an undertaking and/or bond before the trial court to maintain the stamp register as it is and to produce the same before the trial court as and when called upon to do so by the trial court. c) The petitioner will file an undertaking before the trial court that he will have no objection if the xerox copy of the stamp register duly signed by the petitioner and the Investigating Officer is read in evidence at the time of trial. ii) On the petitioner complying with the aforesaid conditions, the original stamp register shall be handed over to the petitioner. iii) Petition is disposed of accordingly. iv) It is needless to add that the petitioner can use the sales stamp register for making further entries therein. v) Parties to act upon an authenticated copy of this order. - 4 - JUDGE JUDGE JUDGE