CRM No. M- 27694 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh. CRM No. M- 27694 of 2009 (O&M) Decided on:- 07.07.2009 Daya Pal ……Petitioner Versus State of Haryana …….Respondent Coram Hon’ble Mr. Justice K. C. Puri Present Ms. Monisha Lamba, Advocate for the petitioner. Mr. A. K. Jindal, AAG, Haryana. K. C. Puri, J.(Oral ) This is a petition under Section 482 Cr. P. C for setting aside the orders dated 30.8.2008 (Annexure P2) and dated 23.7.2008, (Annexure P1), passed by ld. Additional Sessions Judge, Gurgaon and Judicial Magistrate Ist Class, Gurgaon respectively vide which the alleged case property was not released on Superdari in case FIR No. 72 dated 5.7.2008, under Sections 379,411 IPC, Police Station Sushant Lok, Gurgaon. As per allegations of the prosecution, SHO, P. S. Sushant Lok, Gurgaon received a secret information that Daya Pal son of Ram Kishan, present petitioner has brought saria in a concealed fashion. If raid is conducted then Saria can be apprehended. A raid was conducted. One person was found standing near the saria. He ran away on seeing the police party. On inquiry, came to know that he was Daya Pal @ Lala, present petitioner. On counting the saria, 52 pieces of 25 MM were recovered and Consequently, a case under Sections 379,411 IPC was registered against the accused. Challan was presented in this case. However, during the course of arguments, learned State counsel could not point out to whom the saria belongs. On the other hand, learned counsel for the petitioner has claimed the saria and bill has been produced on 22.1.2009. Learned State counsel has stated at bar that he wanted to verify the authenticity of the bill produced by the petitioner but the authenticity of that bill has not been conducted till today. Since no-one has claimed the ownership of saria, so it CRM No. M- 27694 of 2009 2 is a fit case to set aside both the impugned orders dated 30.8.2008 ( Annexure P2 ) and dated 23.7.2008, ( Annexure P1 ), passed by ld. Additional Sessions Judge, Gurgaon and Judicial Magistrate Ist Class, Gurgaon respectively by invoking the provisions of Section 482 Cr. P. C. Consequently, the iron rods / Saria numbering 52 are ordered to be released to the petitioner on furnishing surety bonds and bail bonds to the satisfaction of trial Court with the condition that petitioner shall produce the iron rods / Saria during the course of trial. Petition stands disposed of. July 07, 2009 ( K.C. Puri ) mamta Judge