SB Crlmp No.2340/06. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.PETITION NO.2340/2006. ITC Limited Vs. State of Rajasthan Date of order : 25/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ J Shri Manish Sharma for petitioner. Shri Peeyush Kumar, Public Prosecutor for State. ****** This criminal misc.petition u/S.482 Cr.P.C. has been filed by the petitioner-ITC Limited with the prayer that the cartoons of cigarettes bearing brand name of Gold Flake Kings, which was seized by the police may now be destroyed after retaining one cartoon for the purpose of sending to the court on requisition because those goods are of expiry date and their consumption may be injurious to health and they are lying open in the police station and can be misused by any one. It is contended that a Truck bearing Registration No.UP 16B 4525 in which 450 cartoons of the cigarettes of the brand name of Gold Flake Kings were being carried from Bengalore to Sarahanpur was enroute looted by the dacoits. A substantial number of cartoons SB Crlmp No.2340/06. 2 were recovered by Police Station Mujaffar Nagar in connection with FIR No.783/05 and rest 87 cartoons were recovered by Police Station Jaurhara, Bharatpur in connection with FIR No.14/06. Large number of cartoons were recovered from Muzaffar Nagar which were destroyed by the order of Allahabad High Court dated 28/10/2006 passed in M/s.I.T.C. Limited Company Vs. State of U.P. & Anr. (Cr.Misc.Writ Petition No.11916/06) subject to certain conditions. It is contended that earlier the trial court allowed the goods to be handed over to the petitioner on Superdgi subject to condition that in case any other claimant was found entitled thereto, complainant would be liable to pay value of such goods but in case there is no other claimant, the goods originated from the godowns of the petitioner- company shall be treated as their property. Petitioner are concerned only because the goods carries their brand name, they are lying in an open place at police station and may be misused. Their human consumption at this stage would now be injurious to health because their utility period has expired long back. Learned Public Prosecutor has opposed the petition and submitted that the goods may SB Crlmp No.2340/06. 3 be required for the purpose of trial if eventually called by the court to prove the offence. Substantial number of cartoons of the cigarettes bearing brand name of Gold Flake Kings have been destroyed after retaining one cartoon if eventually called by the court to prove the offence, by the following order of the Allahabad High Court:- “In the circumstances, what has been discussed above, I am of the view that the order dated 31.3.2006 rejecting the application for destroying the seized goods is liable to be quashed. The order passed by the learned Magistrate is only a mechanical order without taking into consideration the entire circumstances of the instant case. The petitioner is not to gain anything by release of the property but the apprehension that the seized goods may be marketed for sale which is no more good for human consumption is fully justified. In the circumstances, the order dated 31.3.2006 is quashed. The police of the concerned police station is directed to prepare an inventory of the goods and retain sample of the seized goods for producing it in the court and this entire goods shall be destroyed forthwith. The police shall ensure that the detailed description of the goods shall be reduced in writing. This inventory shall be prepared in the presence of the Judicial magistrate concerned. The documents shall be signed by the concerned police authority, the Magistrate and one representative of the company and copies be given to each of them for the purpose of trial. This exercise shall be completed within a period of four weeks from the date a certified copy of this order is produced before him.” SB Crlmp No.2340/06. 4 Having regard to the nature of the case and considering that the goods are liable to decay, I deem it appropriate to pass the same order. It is, therefore, ordered that police shall prepare inventory of the goods containing the quantity of goods, retain photographs of the block of cartoons, and retain atleast two cartoons as sample of seized goods if and when necessary for producing in the court. Rest of the cartoons shall be destroyed under the supervision of Judicial Magistrate concerned. Inventory so prepared and proceedings drawn regarding destruction of the goods shall be placed on the concerned file of the trial court. This criminal misc.petition is disposed of with the above directions. (MOHAMMAD RAFIQ), J. anil