Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO.3099/2008. (Pratap Sahu & ors ..vs.. State ) ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri Muley, advocate for applicant Shri Mirza, A.P.P. for state CORAM : R.C.CHAVAN, J. DATED : NOVEMBER 18, 2008. Heard. This is an application under section 482 of Code of Criminal Procedure seeking quashing of orders passed by the learned Additional Sessions Judge, Nagpur on 30.7.2008, rejecting applicant's revision against orders passed by the learned Judicial Magistrate First Class, Kamptee on 22.5.2008 and 6.6.2008 rejecting applicant's applications for release of scrap which was seized from him. An istegasha under section 124 of the Bombay Police Act has been filed against applicant. The applicant states that he has purchased the scrap from M/s R.K. Traders on 19.2.2008 and 10.3.2008. Right now all that applicant seeks is release of the property during the pendency of the proceedings. Learned Sessions Judge has held that receipts dated 19.2.2008 and 10.3.2008 had not been mentioned in the application before the Magistrate and therefore, there was a doubt in respect of these receipts. In fact applicant's case is that he has got the scrap released on supratnama from the court as per the order dated 1.4.2008 and when he was in the process of carrying it, it was seized again. Merits of the matter need not be gone into now. All that now the applicant seeks is the custody of the seized material till the matter is finally disposed of by the court concerned. In view of this application is allowed. Impugned orders are set aside. Applicant will be entitled to receive the property seized on furnishing a bond in sum of Rs.50,000/- to produce the property as and when required by the Magistrate. JUDGE smp.