1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1272/2009 Shrikrishna Prakash Atole ..vs.. State of Maharashtra, thr. PSO Jalgaon, Jamod --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Ms. S. R. Gaikee, Advocate for applicant. Mr. D. M. Kale, A.P.P. for non applicant. CORAM:- R. Y. GANOO, J. DATED:- 17 th AUGUST, 2009. 1. Heard. 2. An application for return of property came to be ultimately rejected by order passed by learned Ad hoc Additional Sessions Judge-2, Khamgaon in Revision No. 1/2009. 3. I have considered the entire record. Wheat is found stored in the bags having a label of F.C.I. According to learned A.P.P. Mr. Kale, in the normal course, it is unnatural that a trader of Wheat will store the wheat in bags having label of F.C.I. and this factor itself is against the applicant and that the State has rightly seized the wheat in question. 4. After having considered the record, I am inclined to observe that there is no need to interfere in the impugned order passed by the Courts below. 2 5. In my view, it would be better if the trial is expedited so that if at all the applicant is acquitted, he would be able to claim the wheat. 6. In view of above, following order is passed. The application is dismissed on merits. However, it is ordered that the learned Judicial Magistrate First Class, Jalgaon (Jamod) shall hear and dispose of the Misc. Application No. 176/2008 as expeditiously as possible and preferably on or before 16.11.2009. Writ to go forthwith. Authenticated copy of this order be made available to the learned Advocate for the applicant. JUDGE kahale