IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-10580 of 2008 Date of decision:12.01.2009 Maraj Sabri .....Petitioner versus State of Haryana .....Respondent BEFORE: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Pritam Saini, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG, Haryana for respondent. RAJAN GUPTA, J(Oral) Learned counsel for the petitioner has sought quashing of the order dated 6.12.2007(Annexure P-'2') and order dated 22.2.2008(Annexure P-'3') whereby his application for releasing the currency notes amounting to Rs. 40,000/- on superdari was declined. Learned counsel for the petitioner submits that the currency is already in the Malkhana of the police and is not in a very good condition, the same be released on superdari. Learned State counsel however, submits that the said currency is case property and the offences being under Section 380 and 457, the same is important for the decision of the case. He further submits that the case is not fixed for prosecution evidence and next date of hearing is Crl.Misc.No.M-10580 of 2008 (2) 19.01.2009. On the said date prosecution evidence is to be led. There are total seven prosecution witnesses. In the facts and circumstances of the case, I am of the considered view that the currency notes amounting to Rs. 40,000/- are case property which are essential for the decision of the case. I therefore, find no ground to quash the order dated 6.12.2007(Annexure P-'2') and order dated 22.2.2008(Annexure P-'3'). This quashing petition is thus dismissed. However, it is directed that the trial court shall conclude the trial preferably within a period of six months. Prosecution may examine all its witnesses within a fixed time frame to be fixed by the trial court. [RAJAN GUPTA] JUDGE 12th January, 2009 Skaushik