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TMI Blog2022 (5) TMI 1052X X X X Extracts X X X X X X X X Extracts X X X X ..... g procedure, the seized base oil, imported by the petitioner herein and after clearance of the port authority, it was about to reach at the destination. Pursuant to the FIR, samples were taken from the seized oil. The petitioner herein is authorized person of the company. In this background facts, this Court is of the view that the Courts below have not properly exercised their powers judiciously. It is required to be considered that, the expeditious and judicious disposal of the case property would ensure that the owner of the article would not suffer because of its remaining unused. Court or police would not require to keep the article in safe custody, as it would save the cost of storage etc. The petition is allowed. - R/SPECIAL CRI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner herein moved an application before the trial Court for releasing of muddamal, which came to be rejected vide order dated 26.10.2021 and the same was challenged before the Sessions Court concerned by preferring Revision Petition, which came to be rejected vide order dated 08.12.2021. Aggrieved with the impugned orders passed by the Courts below, petitioner has come up before this Court. 4. Learned counsel for the petitioner Mr. A.A. Ansari submitted that the learned trial Court has released four tankers, however, the prayer to release base oil has not been considered. In this context, it was submitted that, the petitioner company after complying all mandatory provisions imported the seized muddamal and therefore, there is no any vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing their value and therefore, powers under Section 451 of the Cr.P.C should be exercised promptly, so that there may not be further chance of tempering with the articles etc. 7. In the facts of the present case, after following procedure, the seized base oil, imported by the petitioner herein and after clearance of the port authority, it was about to reach at the destination. Pursuant to the FIR, samples were taken from the seized oil. The petitioner herein is authorized person of the company. In this background facts, this Court is of the view that the Courts below have not properly exercised their powers judiciously. It is required to be considered that, the expeditious and judicious disposal of the case property would ensure that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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