JUDGEMENT
B.A. Patil, J. -
(1.)Heard the learned counsel for the petitioner on office objection. It is noticed that petition has not been signed due to oversight. As such, the learned counsel for the petitioner is permitted to sign the petition before in the Registry.
This petition is filed by the petitioner/accused No.2 under Sec. 482 of Crimial P.C. seeking to set aside the order dated 28.12.2016 passed by the Chief Judicial Magistrate, Yadgiri in Cri. Misc. No.57/2015 (C.C. No.176/2013).
(2.)Brief facts leading to filing of the complaint are that, on 07.04.2013 the complainant and his team were patrolling near Kadepur Check-Post. While checking vehicles coming from the Yadgir towards Raichur at about 7:15 p.m. a Qualis Car bearing Registration No. MH-04-BN-7488 came there and they stopped the car and when the said vehicle has been searched, they found a plastic bag and upon suspicion when the said bag was checking, they found 5 bundles of Rs.1,000.00 currency note, each bundle consisting of 100 notes and 2 bundles of Rs. 500.00 currency note, each bundle consisting of 100 notes, totally Rs.15,00,000.00 cash was found in the said bag. It is further alleged that upon enquiry, the driver of the vehicle informed that he himself and accused No.2 were taking the said amount from Raichur to Bidar. It is further alleged that they were not having any documents relating to the cash and as there was no proper explanation, immediately accused were apprehended and a case has been registered against the accused persons. After the investigation, charge sheet came to be filed for the offence under Sec. 171-H of IPC. In the meanwhile, an application under Sec. 451 of Crimial P.C. came to be filed on 14.09.2015 for releasing the amount of Rs.15,00,000.00 (Rupees fifteen lakhs) in his favour on the terms and conditions as the Court may deem fit or in the alternative to direct the depositing of the said seized amount in the Bank and the said application came to be dismissed. By assailing the said order, the petitioner is before this Court praying to release the said amount.
(3.)I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.
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