IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.41 OF 2009 IN CRIMINAL WRIT PETITION NO.1536 OF 2002 The State of Maharashtra & Anr. .. Applicants V/s. The Union of India & Ors. .. Respondents M.M.Deshmukh, A.P.P.for the State. Mr.H.V.Mehta for Respondent No.1. Mr.R.B.Pardesi for Respondent Nos.2 and 3. CORAM : A.R.JOSHI,J. DATED : MARCH 30TH, 2009. P.C. Heard the learned counsel appearing for the Respondents and the learned A.P.P.for the State. 2. It is the application for permission to original Respondent Nos. 3 and 4 i.e. the State of Maharashtra and Senior Police Inspector, 1 Railway Police Station, Panvel, Navi Mumbai to permit them to handover 110 pieces of gold biscuits to the custody of Reserve Bank of India in safe custody. Union of India at the instance of Superintendent, Customs preventive who is original present Respondent No.1 has no objection for the said custody. The learned Advocate Shri R.B.Pardesi original acquitted accused Nos. 1 and 2 i.e. the present Respondent Nos.2 and 3 states same reservations regarding the prayers. He submitted that by the order of learned Judicial Magistrate, Railway Court, Kalyan while acquitting both the original accused in the criminal cases, of the charges, said 110 gold biscuits were directed to be given in the custody of the accused. Said order has been challenged in the criminal writ petition by present Applicant and reportedly stay of said impugned order is obtained and which is in existence till today as reported by the Advocate. 3. Considering the averments mentioned in the present application for transferring the custody of 110 gold biscuits, in order to secure the safe custody of said valuable muddemal, it would be proper to have a custody of said 110 gold biscuits to be handed over to Reserve Bank of India with safe custody with requisite documentation. Said order shall be effective till the final decision of the criminal writ petition No.1536 of 2002. 4. Suitable steps shall be taken by present Applicant for 2 handing over custody of said 110 gold biscuits to the Reserve Bank of India and to file requisite documents in the criminal writ petition which is pending. The officer from Reserve Bank of India to accept the said muddemal articles according to law. With the aforesaid observations the present criminal application No.41 of 2009 stands disposed of. 5. Authenticated copy of the order be given to the parties. (A.R. JOSHI, J.) 3