ORDER Sunil Ambwani, J.
1. Pradeshia Industrial & Investment Corporation of U.P. Ltd. (hereinafter called as PICUP) has filed these Criminal Revision Nos. 41 of 2000 and 49 of 2000 against the Judgment and Order dated 20-12-1999 passed by the Chief Judicial Magistrate, Ghaziabad in State of U.P. v. M.L. Gupta [Case No. 153 of 1999] by which an application under Section 451, Cr. P.C. has been allowed with a direction that M/s. Keshav Enterprises, Mohali through its authorised representative Amrik Singh be given Supurdagi of the machinery detailed in the list dated 3-5-1999 and 30-8-1999 on furnishing surety bonds of two reliable persons with a personal bond, and the order dated 6-1 -2000 passed by the Chief Judicial Magistrate, Ghaziabad in Case No. 153 of 1999, State of U.P. v. M.L. Gupta and others by which he has directed Official Liquidator, 33 Tashkand Marg, Allahabad to comply with the Order dated 20-12-1999 and handover the Supurdagi of the case properties in his presence on 10-1-2000, and submit a compliance report on 11-1-2000.
2. In Criminal Revision No. 41 of 2000 the operation of the Order dated 20-12-1999 was stayed by this Court on 10-1 -2000 and that order has been extended from time to time. In Criminal Revision No. 49 of 2000, the operation of Order dated 6-1-2000 passed by Chief Judicial Magistrate, Ghaziabad to handover the possession of the properties in compliance of the order dated 20-12-1999 has also been stayed by this Court on 11-1-2000 and the same has also been extended from time to time.
3. Civil Misc. Application No. 7683 of 2000 (A-30) was filed on behalf of PICUP to decide the company petition along with aforesaid criminal revisions. The then Company Judge by his Order dated 28-12-2000 found that prayers in the application cannot be granted without the consent of the Hon'ble Judge hearing criminal revisions and thus the papers were directed to be placed before Hon'ble the Chief Justice. By an order dated 4-2-2000, the then Hon'ble the Chief Justice directed that all the matters, including Criminal Revision Nos. 41 of 2000 and 49 of 2000 to be placed before him and that is how both the criminal revisions have been connected with the company petition. By a subsequent order dated 4-8-2000. Hon'ble the Chief Justice has directed that all the matters be placed before appropriate Bench and thus both the aforesaid criminal revisions have been connected and have come up for hearing before this Court.
4. The facts, giving rise to the aforesaid criminal revisions, are stated as below :
PICUP as a financial Corporation financed M/s. Sakura Seimitsu India Ltd. (hereinafter called as SSI Ltd.) with its two industrial units - one at E-115 site 'P' UPSIDC Industrial Area, Surajpur; and other at A-36, Sector-7, NOIDA, for establishing factories for manufacture of engineering plastic components for horology and auto industry as well Quartz Clocks and alarm time pieces. SSI Ltd. had taken two term loans and an Equipment Finance Loan from PICUP totalling over Rs. 7.00 crores, and mortgaged/hypothecated its entire immovable and movable properties of both sites with PICUP. The other company M/s. M.R.G. Plastics Limited (hereinafter called as MRGP Ltd.) with its factory at B-105, Sector 5, NOIDA took a loan of over Rs. 4.5 crores from PICUP and had mortgaged/hypothecated their immovable and movable properties.
5. Both the aforesaid companies made defaults in payment. Approximately, an amount of Rs. 273 lakhs was due from SSI Ltd. and about Rs. 240 lakhs from MRGP Ltd. in the year 1998, upon which PICUP, in exercise of powers under Section 29 of State Financial Corporation Act took possession of Surajpur Unit of SSI Ltd. on 18-1-1998 and its NOIDA Unit, as well as MRGP Ltd. on 19-11-1998. At the time of taking over possession and preparing inventories, upon a closer examination, it was found on 21-11-1998 that a number of mortgaged/hypothecated machines worth Rs. 304.90 lakhs in the two Units of SSI Ltd. were only dummy wooden models and 106 moulds estimated to cost Rs. 430 lakhs were mere plates with moulds inside missing. The officers of PICUP received information that these machines have been removed, misappropriated and shifted to the factory of M/s. Keshav Enterprises (P.) Ltd. (hereinafter called as KE (P.) Ltd. at SAS Nagar, Mohali, district Roper (Punjab). It was also reported to be belonging to the Directors of SSI Ltd. and MRGP Ltd. Similar detailed examination on 21-11-1998 revealed that in case of MRGP Ltd. also, installed financed machines were removed and wooden models of machines estimated to cost Rs. 578.25 lakhs were replaced. PICUP lodged two F.I.Rs. - one at Police Station Surajpur on 24-11-1998 in respect of removing machines of SSI Ltd. under Sections 406/ 420, I.P.C. registered as Crime No. 114 of 1998 and the other F.I.R. was lodged on 28-11-1998 at Police Station Sector-20, NOIDA in respect of MRGP Ltd. registered as Crime No. 993 of 1998 under Sections 420/406/ 419, IPC.
6. During the investigation of offences reported by these two F.I.Rs. on 3-12-1998 the P.S. Sector-20, NOIDA Police recovered a large number of missing machines from the Mohali unit of KE (P.) Ltd. and took possession thereof. These machines were then given in the Supurdagi of PICUP consisting a team of Shri Devender Singh, Deputy General Manager; Shri Akhil Swami, Senior Manager (Finance); Sri Abrar Ahmad, Senior Manager (Law); Sri S.K. Agarwal, Senior Manager (Technical) and Sri Varun Kumar Vij, Deputy Manager (Technical) who had accompanied the police.
7. The accused persons surrendered before Chief Judicial Magistrate, Ghaziabad and were granted bail in both the offences on 16-7-1999. An application for release dated 22-1-1999 was made before the Chief Judicial Magistrate, Ghaziabad by one Amrik Singh, claiming to be the General Manager of KE (P.) Ltd. The Chief Judicial Magistrate, Ghaziabad on 8-3-1999 directed the Investigating Officer to prepare an inventory with full description of the seized machinery in possession of PICUP in the presence of PICUP and Amrik Singh, representative of KE (P.) Ltd. PICUP was required to clarify full details of machinery brought from Mohali and those left at Mohali and Sri Amrik Singh was required to furnish proof of ownership of the machines claimed by them. The Investigating Officer was also required to produce case diary and copies of recovery memo and Supurdagi memo. It is alleged by PICUP that there was some resistance on behalf of KE (P.) Ltd. at Mohali for transportation of machines, on account of interim order passed in the civil suit filed by KE (P.) Ltd. in the Court of Civil Judge (Senior Division), Kharar, seeking relief of declaration to the effect that the selling of Industrial unit at Mohali was illegal and praying permanent injunction restraining defendants from taking into possession the machinery belonging to plaintiff and also restraining defendant from interfering in day to day working of the plaintiff.
8. It is relevant to mention here that KE (P.) Ltd. is a Company owned by Smt. Anju Gupta and Smt. Anjali Gupta, who are wives of Sri Sanjiv Gupta and Sri Rajiv Gupta, directors in SSI Ltd. and MRGP Ltd. An injunction application was filed before the Additional Civil Judge (Senior Division) Kharar. In para 3 of the plaint it was mentioned that out of the seized machines, some of them were purchased by plaintiff from its manufacturers while some of machines were taken on lease from SSI Ltd. NOIDA and its group companies. The plaintiff, namely, KE (P.) Ltd. had installed some of these machines, apart from C-136. Phase VIII, Mohali: in F-36, E-43, F-22 Phase VIII and B-43 in Phase III in Mohali, for getting job done from other agencies.
9. In the meantime, company petition No. 51 of 1998 was presented before this Court on 23-4-1998 by M/s. Allianz Capital & Management Services Ltd. as a creditor's winding up petition after statutory notice to wind up M/s. Sakura Seimitsu India Ltd. Notices were issued on 24-4-1998, after prima facie, satisfaction that respondent-company is unable to pay its dues, directing the petition to be advertised under Rule 24 of the Companies (Court) Rules, 1959. By an order dated 23-11-1998, the company petition was allowed and M/s. Shakura Seimitsu India Ltd. was directed to be wound up. The Court also observed that, in fact, several petitions by different creditors for winding up of the respondent company are pending before this Court, including Company Petition No. 33 of 1997 and that the company which was indebted to M/s. Allianz Capital & Management Services Ltd. for payment of Rs. 26,94,318, was unable to pay its debts.
10. After receipt of winding up order, the Official Liquidator, who was appointed liquidator under Section 449 of the Companies Act, 1956, deputed officers for taking over possession of the assets of the company on which he was informed that the entire factory and its assets had been taken into possession by PICUP by invoking Section 29 of the State Financial Corporation Act, just five days prior to the winding up order and the possession was with them. He also reported that at the time of possession certain important machines, either removed by the Ex-Management or replaced by wooden replicas and to that effect the criminal cases were filed from both sides which were pending before the Chief Judicial Magistrate, Ghaziabad, Due to these criminal cases the Official Liquidator requested that the possession may remain with the PICUP till the finalization of criminal cases. PICUP moved an application before the High Court that the Official Liquidator be directed to take entire possession of the assets of the Company (in liq.) on which this Court vide its order dated 17-12-1999 directed the Official Liquidator to take over possession of the entire assets of the Company (in liq.) and prepare an inventory of the items in the presence of officials of the PICUP and appointed Sri Piyush Agrawal, Advocate, High Court, Allahabad as observer to carry out the order. The order dated 17-12-1999 passed by this Court is quoted as below:
"The Official Liquidator has submitted a report No. 89 of 1999 today in the Court. The same may be kept on record. In the report as well as in the application filed by PICUP it is admitted position that PICUP is prepared to hand over possession to the Official Liquidator has not taken possession for two reasons, mentioned in the said report.
The first reason is that possession was taken by PICUP prior to the order of winding up of the company. This reason to my mind is not relevant, in the light of express order of this Court dated 3-11-1999. The second reason given by the Official Liquidator is that there are cases and counter cases between PICUP and the ex-management on the charges that vital machinery has been removed from the premises and replaced by dummies. This situation or apprehension arising therefrom dissuaded the official liquidator from taking possession. As it has already been directed by order dated 3-11-1999 that responsible officers of PICUP as well as Official Liquidator will jointly open the lock of PICUP and prepare inventory. The Dummy's will be mentioned in the Inventory. However, the movable property is not only asset of the company and, therefore, it is desirable that possession should be taken by the official liquidator at the earliest.
It is, therefore, directed that on 29-12-1999 at 11.00 A.M. the responsible officer deputed by PICUP and Official Liquidator and the Officer deputed by him will jointly open the lock and inspect the premises and prepare inventory. In order to see that inventory is prepared properly and to entertain any objection to any item of the inventory by the Official Liquidator or PICUP on the spot. Sri Piyush Agarwal, Advocate, is appointed as an Observer or Commissioner. PICUP will bear the expenses of travel as well as stay of Sri Piyush Agrawal from Allahabad to Delhi and for transportation from the place of stay at Delhi to NOIDA for the purpose of preparing inventory. Both the parties will ensure that the inventory is prepared either on the same day or at best by the next date. The inventory, which will be prepared by the Official Liquidator or his officers and will be signed by the officers of PICUP also and counter signed by Sri Piyush Agrawal, Sri Piyush Agrawal, Advocate, will be paid Rs. 11,000 per day for the two days and also expenses of AC First Class fare to and fro. The PICUP will made suitable arrangement for stay of Sri Piyush Agrawal at Delhi.
The ex-management represented by Sri R.P. Agrawal is allowed to make inspection of record which are taken by the Official Liquidator, in pursuance of the above order, for submitting the statement of affairs.
List this matter again with the Official Liquidator's and the observer's report regarding taking over of possession in the second week of January, 2000."
The Official Liquidator took over possession of the premises and the movable assets of the Company (in liq.) on 29-12-1999 and submitted his report No. 4 of 2000 dated 7-1-2000. Sri Piyush Agrawal, observer appointed by the Court, submitted his report on 10-1-2000. He reported that on 29-12-1999, he reached factory site along with Sri N.K. Kannan, Senior Manager (Technical) and Sri R. Kakkar, Manager (Technical at E-115, Site-B, Surajpur Industrial Area, NOIDA, U.P. at the site, Sri Abrar Ahmad, Senior Manager (Legal): Sri Akhil Swami, Senior Regional Manager; Sri R. Dayal, Deputy Manager (Technical) Sri F. Jamal, Deputy Manager (Technical) and Sri D. Jally, Deputy Manager (Technical) were present. Along with PICUP Photographer/Vidcographer Sri Santosh Dayal and Sri Manoj Kumar were waiting at the gate of the factory site. The main gate was opened by Sri Gyan Bahadur Thapar, Security Guard of M/s. Tiger Security Guards posted at factory site. At the time of opening the gate, Sri Rajeev Gupta, Ex-Director of the company; Sri Tribhuvan Kumar Sharma, Ex. General Manager of the Company; Sri R. Bharti, Advocate of the Ex-Management, Sri Rakesh Kakkar and Sri S.K. Gupta, persons authorised by the Official Liquidator to make the inventories also entered the factory and that a letter signed by Sri Amrik Singh, General Manager, Keshav Enterprises Pvt. Ltd. Mohali, Punjab was handed over by Sri Rajeev Gupta, addressed to the Official Liquidator and the Senior Manager (Law) also made request in writing through a letter. Copies of the inventory were prepared and minutes were drawn in respect of items E-115, Site-B, Surajpur Industrial Area, NOIDA, U.P. with the help of the officers deputed by Official Liquidator as well as the personals of PICUP and that both sites were thereafter sealed. Copy of the minutes of the proceedings have been annexed as annexure-V to the report of Sri Piyush Agrawal annexing inventories in respect of assets found at E-115. Site-B, Surajpur Industrial Area, NOIDA (unit No. 1). Separate inventories were drawn in respect of machines and equipments brought from Mohali which was housed in the same premises with the makes of machines and sticker affixed on these machines as well as the machine numbers as per plates affects on the machines. Photographs of the machines were also taken and Video Cassettes, which was screened on 29-12-1999 and 30-12-1999, were also submitted along with the report. A copy of the minutes and inventory has also been submitted by the Official Liquidator along with his Report No. 4 of 2000 on 10-1-2000. After the receipt of this report, this Court passed following order on 10-1-2000.
"The Official Liquidator is reported to have taken possession of the premises and the movable assets of the company (in liq.) on 29-12-1999 pursuant to the order of this Court dated 17-12-1999 in proceedings for winding up. Official Liquidator's Report No. 4 of 2000 dated 7-1 -2000 has been filed which may be kept on record. Another application has been moved by PICUP dated 10-1-2000, At the hearing of the application, it was reported by Sri Anurag Khanna appearing for the PICUP that order dated 20-12-1999 passed by Chief Judicial Magistrate, Ghaziabad in Misc. Case No. 153 of 1999 in respect of Case Crime No. 114 of 1998 and 993 of 1998 directing release of the property in favour of M/s. Keshav Enterprises has already been stayed today in Criminal Revision No. 41 of 2000 till 13-1-2000. In the circumstances there is no requirement of compliance by the Official Liquidator to the consequential order passed by the Chief Judicial Magistrate, Ghaziabad on 6-1-2000 which requires the liquidator to hand over the property to M/s. Keshav Enterprises in pursuance of the main order dated 20-12-1999. It has been stated at the Bar that the order dated 6-1-2000 is under challenge in proposed criminal revision which is to be filed today and is likely to be taken up tomorrow. In the circumstances mentioned, this application along with the previous record will be listed along with Company Petition No. 33 of 1997 in the week commencing 17th January, 2000 along with criminal revision No. 41 of 2000 and the other criminal revision to be filed by PICUP today after ascertaining its number. Report submitted by Sri Piyush Agrawal along with Video Cassette report may be kept on record. Video Cassette will be kept by the Registrar in safe custody."
11. By order dated 20-12-1999, challenged in Criminal Revision No. 41 of 2000, the Chief Judicial Magistrate, Ghaziabad noticed the contention of PICUP which had filed the order passed by this Court dated 17-12-1999, and their request that since the winding up proceedings are pending, it will not be proper to pass any order, and directed that the supurdagi of entire machines in the inventories dated 3-5-1999 and 30-8-1999 be given to Sri Amrik Singh, authorised officer, after recording the following reasons:
(1) It is prima facie established that the inventory prepared by police on 3-12-1998 at the factory site of M/s. Keshav Enterprises Pvt, Ltd. Mohali and the inventory prepared on 3-5-1999 by police of P.S.Surajpur in pursuance of the order of the Court dated 8-3-1999 as well as inventory dated 30-8-1999 prepared by S.I. Harmesh Kumar of P.S. Mohali in case Crime No. 106 of 1999, the description of properties seized on 3-12-1998 is different than the description of the property in inventories dated 3-5-1999, and 30-8-1999, and are not in accordance with the correct description of the properties in the inventory dated 3-12-1998.
(2) M/s. Keshav Enterprises Pvt. Ltd. has produced documents of ownership for the description of concerned machines of the properties seized on 3-12-1998 and given in possession of PICUP and have also produced the affidavits of vendors of the properties.
(3) PICUP has not been able to produce documents of ownership or mortgage in respect of the properties in inventories dated 3-5-1999 and 30-8-1999.
(4) The police neglected in preparing correct inventory dated 3-12-1998 in accordance with the description of the machineries.
(5) The allegation against the officers of PICUP that they have not taken care of the custody of the properties, is prima facie correct.
(6) In case the possession of properties is given by police to PICUP, without any condition or bond, obstruction shall be caused for taking action against the PICUP in respect of complaint of loss of properties.
Without expressing any opinion on the respective claims of ownership the Chief Judicial Magistrate, Ghaziabad held that he was prima facie satisfied that for proper maintenance of the properties, which are in possession of PICUP and to produce them without changing their nature, Supurdagi must be given to M/s. Keshav Enterprises Pvt. Ltd.
12. Thereafter it appears that after the inventories were prepared and possession was handed over by the PICUP to the Official Liquidator on 13-12-1999, an application was filed by Amrik Singh, representative of M/s. Keshav Enterprises Pvt. Ltd. to direct the Official Liquidator to hand over the possession of the properties. It was contended by him before Chief Judicial Magistrate that officers of PICUP have failed to comply with the order dated 20-12-1999 passed by the Chief Judicial Magistrate, Ghaziabad on the ground that possession of the properties has been handed over to the Official Liquidator on 29-12-1999 and the Chief Judicial Magistrate allowed the application directing the Official Liquidator to hand over the properties on 10-1-2000 and report the Court of Chief Judicial Magistrate on 11-1-2000, 13.1 have heard Sri Navin Sinha, Senior Advocate, assisted by Sri Anurag Khanna, learned counsel appearing for PICUP and Sri Viresh Misra, Senior Advocate, assisted by Sri R.K. Pandey, learned counsel appearing for M/s. Keshav Enterprises Pvt. Ltd. and Official Liquidator.
14. Sri Viresh Misra has raised a preliminary objection to the effect that the order passed under Section 451 of the Code of Criminal Procedure is an interlocutory order and is not revisable under Section 401, Cr.P.C. He has placed reliance on the following decisions in support of his submissions :--
(1) Bhaskar Industries Ltd. v. Bhiwai Denim & Apparels Ltd. AIR 2001 SC 3625.
(2) Shiva Leasing Co. v. State [1999] 79 Delhi LT 148.
(3) Murlidhar v. State of U.P. 1991 (Suppl.) All Cri C 171.
(4) Nathu Lal v. State 1976 Cri LJ 358 (AIL).
(5) Anisa Begum v. Masoom AH [1986] 30 Delhi LT 107.
15. He has further submitted that in exercise of revisional jurisdiction under Section 401, Cr.P.C. the Court cannot re-appreciate the evidence and in support of this contention he has relied upon State of Kerala v. Puttumana Illath Jathavedan Namboodiri AlR. 1999 SC 981; Duli Chand v. Delhi Administration AIR 1975 SC 1960; Thakur Das v. State of Madhya Pradesh AIR. 1978 SC 1, Mahabali v. Stateof U.P. [2000] 40 All Cri C 688 as well as Rizwan Haider v. State of U.P. [2000] 40 All Cri C 852 and Ganga Prasad v. State of V.P, [2000] 40 All Cri C 761.
16. In the aforesaid decisions, the Courts have held that a criminal revision against as interlocutory order does not lie. In Bhaskar Industries Ltd. 's case (supra), the Supreme Court laid down a test in paras 8 and 9 to find out where the order is interlocutory in nature. It has been held that whether an order is interlocutory order or not, cannot be decided by merely looking on the order because the order has been passed at the interlocutory stage. The other test is if the contention of the petitioner, who moves the superior Court in revision is upheld, would the criminal proceedings as a whole culminate? If it would, then the order is not interlocutory in spite of the fact that it was passed during any interlocutory stage. The observations were made with reference to Section 397(2) of the Code of Criminal Procedure where the Sessions Court, in exercise of revisional powers, had set aside an order of Magistrate issuing bailable warrants against the accused. In Shiva Leasing Co. 's case (supra), Delhi High Court upheld the order of Sessions Judge by which he refused to interfere with the order of Metropolitan Magistrate rejecting the application under Section 451 of the Code for the release of the car pending trial. In Murlidhar's case (supra), the Court drew distinction into interlocutory order and "intermediate orders". The Court was examining the validity of the order in which the custody of truck was given to Deoraj Patel, who was recorded owner of the truck, the chassis number of which was found to be tampered with. The Court relied upon Amar Nath v. State of Haryana AIR 1977 SC 2185; Madhu Limaye v. State of Maharashtra AIR 1978 SC 47 in which the expression 'interlocutory order' in Section 397(2), Cr.P.C. was interpreted. It was held in Amar Nath 's case (supra) that any order which substantially affects the rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court against that order, because that would be against the very object which formed the basis for insertion of this particular provision in Section 397 of the 1973 Code. For instance, orders summoning witnesses, adjourning cases, passing orders for bail, calling for reports and such other steps in aid of the pending proceedings, may no doubt amount to interlocutory orders against which no revision would lie under Section 397(2) of the 1973 Code, but orders which affect or adjudicate the rights of the accused of a particular aspect of the trial cannot be said to be outside the purview of the revisional jurisdiction on the High Court. In Madhu Limaye's case (supra), it was held that ordinarily and generally the expression 'interlocutory order', has been understood and taken to mean as a converse of the term 'final order'. But the interpretation that what is not a final order must have been interlocutory order is neither warranted nor justified. If it is so, it would amount nugatory to the revisional power of the Sessions Court or the High Court conferred on it by Section 397(1), Cr.P.C. The same interpretation was given to Section 397(2), Cr.P.C. in the cases of Nathu Lal (supra) by this Court and Anisa Begum (supra) by Delhi High Court.
17. In the present case, assets were seized from the premises of KE (P.) Ltd. at Mohali in Punjab. There are charges that some of these assets, which were seized and were given in the custody of SSI Ltd. as well as MRG P. Ltd., were removed with dishonest intention. The properties of SSI Ltd., after its winding up wherever they may be are in the custody of Court under Section 456(2) of the Companies Act, and that by order dated 17-12-1999, this Court had directed the possession of these assets be handed over to the Official Liquidator. The Order of High Court was brought on record before the Chief Judicial Magistrate, Ghaziabad and that in spite of order of Superior Court, the Chief Judicial Magistrate, Ghaziabad directed these assets to be given back to the custody of those from whose custody they were seized. Such an order passed on prima facie satisfaction of ownership, changing custody in violation of order of Superior Court, cannot be said to be an interlocutory order which does not affect rights of any person. The order on its face, appears to give custody of seized assets in Supurdagi and thus is an interlocutory order in nature. On going deeper into the matter, it appears to have been passed over reaching the jurisdiction under Section 451, Cr.P.C. in disobedience of the order of Superior Court. Such an order cannot be said to be an order which is step in aid of pending proceeding, for instance summoning witnesses, adjourning cases, passing orders for bail. It touches the rights of the parties; jurisdiction of Chief Judicial Magistrate as well as attempt to decide the ownership of machines in respect of which the accused have been charged under Section 406 etc. I.P.C. There is serious dispute about the identification of the machineries with allegations in the F.I.R. that these have been tempered with and dummies were installed in their place. In the circumstances, the delivery of custody, even it may amount an interim custody, is an abuse of the exercise of discretionary powers. The order as such does not amount to an interlocutory order. In the facts and circumstances of the case, it touches the rights of the parties and the question of powers of the Court to direct the handing over custody in violation and over-reaching order of Superior Court. The nature and purport of the order and the findings recorded seeks to gave finality of the rights of the parties and thus I find that the criminal revisions under Section 401 of the Code of Criminal Procedure are maintainable.
18. The next preliminary objection regarding the power of revision to interfere with the findings of fact will be considered at the later stage in this judgment.
19. Sri Navin Sinha, Senior Advocate, learned counsel appearing for PICUP, has challenged the order dated 20-12-1999 on the ground that the application filed under Section 451, Cr.P.C. was not maintainable. The Chief Judicial Magistrate, Ghaziabad failed to appreciate that the winding up petition, being Company Petition No. 51 of 1998, to wind up SSI Ltd. was pending and that the company was wound up on 23-11-1998 and was in liquidation, and that the entire assets of the company (in liq.) are in custody of the Court under Section 456(2) of the Companies Act, 1956. The Chief Judicial Magistrate failed to appreciate that on 17-12-1999, the High Court had directed that the assets of the company (in liquidation) be handed over to the Official Liquidator and thus the property was 'custodia legis' of the Superior Court and that he had no jurisdiction under Section 452, Cr.P.C. after issuance of order by the High Court on 17-12-1999. He submits that in the complexity of the situation for which investigation related to the identification of the property and their illegal removal with object of dishonest misappropriation, the properties could never have been released in favour of the person from whose custody it were seized. In such case giving custody of the properties to KE (P.) Ltd. could not be said to be proper custody and that it will affect the investigation and trial of the case involving properties worth crores of rupees.
20. In reply it was submitted that the entire search and seizure was illegal and against the provisions of the Code of Criminal Procedure. According to respondents police officials of Police Station Sector-20, Noida investigated the crime registered as Case Crime No. 993 of 1998 under Section 420/406, IPC in respect of the assets of MRG P. Ltd., could not have proceeded to Mohali without taking search warrants from either Ghaziabad or at Mohali. There was complaint of breach of trust and misappropriation by illegal removal of only 30 machines of SSI Ltd. and 4 machines of MRG (P.) Ltd. whereas the assets over and above these properties, which were not subject-matter of investigation, were seized at Mohali and part of assets were brought in about 14 trucks without seeking authority from any competent Court for removal of the same. The inspecting party breached an injunction granted in Civil Suit No. 413 of 1998, for which a contempt petition is pending. An F.I.R. was lodged against the indiscriminate and arbitrary action of PICUP at Mohali. According to him, after the assets were illegally brought to the premises of SSI Ltd. they were illegally given in custody by the officers of PICUP, part of the assets have been illegally removed and appropriated by the officers of PICUP. KE (P.) Ltd. is a separate legal entity which had taken some of the machines on lease from SSI Ltd. through R.S. Enterprises in support of which documents of ownership were submitted before the Chief Judicial Magistrate, Ghaziabad. According to him, only SSI Ltd. was in liquidation. The seizure should have been reported to the Magistrate under Section 102(3), Cr.P.C, and thus the provision of Section 451, Cr.P.C. will apply. The accused has been granted bail. He has drawn the attention of the Court to the list of inventories prepared at the time of seizure; inventories prepared in pursuance of the order of Chief Judicial Magistrate as well as the inventories prepared by the Official Liquidator in presence of Court Observer. Separate list was prepared with regard to the machinery belonging to SSI Ltd. (in liq.), MRG (P.) Ltd. and the assets of KE (P.) Ltd. which were not subject-matter of investigation and were illegally seized and brought over to district Ghaziabad. According to Sri Viresh Misra, PICUP has not acted fairly inasmuch as in spite of presence of technical personals at Mohali, the assets, beyond the subject-matter of investigation, were seized. Part of the assets brought were misappropriated by the officers in the custody of PICUP and some of the officers of PICUP have been terminated on account of allegations found to be substantiated with regard to the present case. The machinery brought from Mohali could not have been handed over to Official Liquidator.
21. Relying in rejoinder, Sri Navin Sinha, Senior Advocate, submitted that the suit filed by KE (P.) Ltd. has been dismissed for want of prosecution, and that the F.I.R. against the officers of PICUP, lodged at Mohali has been quashed by Punjab & Haryana High Court in Criminal Misc. Case No. 40713-M of 1999. The Punjab & Haryana High Court considered the allegation that the search was carried without search warrant or any order from the Court of competent jurisdiction to take away the machines from factory premises. It held that FIR 106 dated 8-7-1999 under Sections 395/450/455/347/356/357, IPC. Registered in police station/Mohali, is an abuse of the process of Court. Whatever was done by the NOIDA Police, was done during the investigation of the cases, which were got registered by PICUP with the UP Police against Shakura and MRG (P.) Ltd. with regard to the machines etc. which were hypothecated with PICUP at the time when these companies had taken loan worth crores of rupees from PICUP. These machines were found missing from the factories at the time of taking possession and that having taken recourse of Section 29 of the State Financial Corporation Act, 1951, the financial corporation shall be deemed to be owner of such concern. The accused, who were the officers of the PICUP, had accompanies NOIDA Police so as to identify the machines and that whatever these officers have done, the same was done by them in discharge of their duties and that the F.I.R. lodged by way of counter-blast to the two F.I.Rs. lodged by the PICUP. Special Leave Petition has been filed against the said judgment which is pending before Supreme Court.
22. Supplementary affidavit has been filed by PICUP bringing on record the deeds of hypothecation dated 23-4-1993 and 22-4-1995 with SSI Ltd. (in liquidation) tallying the machinery, plant, its supply, amount and location; deed of hypothecation dated 26-4-1995, between MRG (P.) Ltd. and PICUP annexing the bills of plant and machinery, documents of account of State Bank of Patiala towards the sale conducted for imports of these machineries from Japan, bill of lading, insurance documents, tallying these machines : Form 2 submitted by SGA Credit & Capital Services Ltd. to the Registrar of Companies on 29-11-1997 in the name of Anju Gupta W/o Sri Sanjiv Gupta, who is said to have leased the plants and machineries of the description contained to KE (P.) Ltd. Sri Navin Sinha, Senior Advocate, has challenged the finding of the C.J.M. with regard to the ownership of the machines.
23. The Chief Judicial Magistrate, Ghaziabad has taken into account the allegations with regard to the illegal search and seizure. He has, however, not commented upon these and has not given the Supurdagi to KE (P.) Ltd. on the ground that the search and seizure was illegal. Sri Viresh Misra, Senior Advocate devoted considerable time impressing upon the Court that the case the search is not in accordance with law, then seizure was also illegal and that the properties are liable to be released in favour of the person from whose custody they were seized. He has relied upon Commissioner of Commercial Taxes, Board of Revenue v. Ramakishan Shrikishan Jhaver AIR 1968 SC 59 in which it was held that in case safeguards under Section 165, Criminal P.C. not followed. Anything recovered and confiscated on basis of this defective warrant must be returned. He placed reliance upon Ram Parves Ahir v. Emperor AIR 1944 Pat. 228, in submitting that an officer, before carrying out the search, is required to record in writing the reasons why it is necessary for him to delegate his duty and he must deliver to the subordinate Officer to whom he delegates his authority an order in writing to this effect and since in the present case, an officer, subordinate to Investigating Officer had gone and that the provisions of Section 165(3), Cr.P.C were not complied with and that copies of record were not sent to the nearest Magistrate where the search was carried out, the goods are liable to be released. He has also cited K.L. Subhayya v. State of Karnataka AIR 1979 SC 711 in which the provisions of Section 54 of Mysore Excise Act for carrying out search without 'recording the ground of his behalf, was held to be illegal and without jurisdiction and Marriappa v. State of Karnataka 1991 Cri LJ 1167 (Kar.), in which it was held by Karnataka High Court that in the case of an illegal search, the consequential seizure may not be always bad and retention of the illegally seized articles will be a continuous and recurring illegality deprivation of a citizen's property, not authorised by law and as such is unconstitutional.
24. The matter with regard to the seizure and detention of property, or the search itself, is illegal, has been subject-matter of adjudication in several cases before Supreme Court. While interpreting the provisions of Income-tax Act, a constitution Bench in Pooran Mal v. Director of Inspection (Investigation) of Income-tax AIR 1974 SC 348, while upholding the powers of search and seizure under Section 132 of the Income-tax Act, held that a power of search and seizure in any system of jurisprudence is an overriding power of the State for the protection of social security and that power is necessarily regulated by law. When the Constitution makers have thought it fit not to subject such regulation to constitutional limitations by recognition of a fundamental right to privacy, analogous to the American Fourth Amendment, the Courts have no jurisdiction to import it into a totally different fundamental right, by some process of strained construction nor is it legitimate to assume that the constitutional protection under Article 20(3) would be defeated by the statutory provisions for searches. In Dr. Pratap Singh v. Director of Enforcement, Foreign Exchange Regulation Act AIR 1985 SC 989, it was held in para 15 on consideration of Pooran Mal's case (supra), that the legality in the method, manner or initiation of a search docs not necessarily mean that anything seized during the search has to be returned. Illegality of the search does not vitiate the evidence collected during such illegal search. The only requirement is that the Court or the authority before which such material or evidence seized during the search shows to be illegal, is placed to be cautious and circumspect in dealing with such evidence or material.
25. In context of Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1956, the question whether illegal search renders seizure and conviction unsustainable was examined by the Constitution Bench in State of Punjab v. Baldev Singh AIR 1999 SC 2378. Supreme Court distinguished search of a person from search of any premises. The divergence of views in the cases of State of Punjab v. Balbir Singh AIR 1994 SC 1872; Ali Mustaffa Abdul Rahman Moosa v. State of Kerala AIR 1995 SC 244; Saiyad Mohd. Saiyed Umar Saiyad v. State of Gujarat [1995] 3 SCC 610, where it was held that Pooran Mal's case (supra) cannot be interpreted to lay down that a contraband seized as a result of illegal search or seizure could not be treated a evidence of possession of contraband to fasten liability arising out unlawful possession of the contraband on the person from whom it was seized during illegal search and on the other hand, in State of Himachal Pradesh v. Pirthi Chand AIR 1996 SC 977, State of Punjab v. Labh Singh [1996] 5 SCC 520, relying upon Pooran Mal's case (supra) it was held that evidence collected on a search conducted in violation of Section 50 of the N.D.P.S. Act did not become inadmissible in evidence under the Evidence Act were noticed and resolving the issue, Supreme Court held that an illicit article seized from the person of an accused, during search conducted in violation of the safeguards provided in Section 50 of the Act, cannot by itself be used as admissible evidence of proof of unlawful possession of the contraband on the accused. Any other material/article recovered during that search may, however, be relied upon by the prosecution in other/independent proceedings against an accused notwithstanding the recovery of that material during an illegal search and its admissibility would depend upon the relevancy of that material and the facts and circumstances of that case. The judgment in Pooran Mal's case (supra), thus cannot be understood to have laid down that an illicit article seized during a search from a person, on prior information, conducted in violation of the provisions of Section 50 of the Act, can by itself be used as evidence on unlawful possession of the illicit article on the person from whom the contraband has been seized during the illegal search, and thus it was held, that All Mustaffa Abdul Rahman Moosa's case (supra) correctly interprets and distinguishes the judgment in Pooran Mat's case (supra), and the broad observations made in Pirthi Chand's case (supra) and State of Punjab v. Jasbir Singh [1996] 1 SCC 288 are not in tune with the correct exposition of law as laid down in Pooran Mal's case (supra).
26. It is thus found that there is a distinction between the use of recovery of article as evidence against a person in case if a search of a person as distinguished from a search from any premises. In case the search of the premises is illegal, the recovery of articles in contravention with any law cannot be said to be per se illegal. Under the N.D.P.S. Act, 1985 Section 54 raises statutory presumption as an inference after prosecution has established that the accused was found to be in possession of the contraband article in a search conducted in accordance with the mandate of Section 50 of the Act. In the said context, it was held that recovery of contraband from the person, in violation with the safeguards provided under Section 50, renders his conviction unsustainable because of inherent prejudice caused to the person.
27. In case of failure to comply with the provisions of Cr. P.C. in case of search and seizure in Balbir Singh (supra), the Supreme Court gave an opinion that failure to comply with the provisions of Cr. P.C, in respect of search and seizure and particularly those of Sections 100, 102, 103 and 165 per se does not vitiate the prosecution case. If there is such a violation, what the Courts have to see is whether any prejudice was caused to the accused. While appreciating the evidence and other relevant factors, the Courts should bear in mind that there was such a violation and evaluate the evidence on record keeping that in view.
28. With the aforesaid discussion I do not agree with the submission of the counsel for respondents that illegality in search will vitiate the seizure and that on that ground M/s. Keshav Enterprises (P.) Ltd., was entitled to return of the seized properties. In the present case, the C.J.M. deciding the application under Section 451, Cr. P.C. was required to make an order with regard to proper custody of such property pending conclusion of the trial. The word 'property' occurring in Section 451, Cr. P.C. has been provided in the explanation appended to the section to include (a) property of any kind or document which is produced before the Court or which is in its custody (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
29. An inventory was prepared at the time of seizure at Mohali on 3-12-1998. The second inventory dated 3-5-1999 was prepared on an application for release by order dated 8-3-1999. A third inventory was prepared on 30-8-1999 in case crime No. 106 of 1999 and that a fourth inventory was prepared in on 29-12-1999 pursuance of the orders of this Court dated 17-12-1999. The Court of C.J.M., therefore, had before him two FIRs and the aforesaid four inventories. He was thus required to go into question of proper custody of the property seized and brought before him vide aforesaid inventories pending the conclusion of inquiry or trial.
30. The properties which were purchased with the financial assistance of PICUP and hypothecated/mortgaged by SSI Ltd. and MRG (P.) Ltd. with PICUP were the properties in respect of which search was conducted at Mohali. The CJM, therefore, had jurisdiction only with regard to such properties and for its safeguard under Section 451, Cr. P.C.
31. With regard to the assets of SSI Ltd., the Court find that the company was wound up by order of this Court dated 23-11-1998 and thus under Section 456(2) of Companies Act, 1956, the assets of the company came to be in the custody of the Court i.e., High Court, By the same order, the Official Liquidator was required to take over the possession of the assets of the company. The Official Liquidator reported that there are matters pending with regard to the said property between the promoters and PICUP and upon considering the report the Court passed an order dated 17-12-1999 to prepare inventories of the properties situate in the premises of SSI Ltd. appointing an observer to prepare inventories. The CJM as such exceeded his jurisdiction in failing to identify the assets of SSI Ltd. and therefore in handing over supurdagi of these properties to M/s. Keshav Enterprises through its authorised representative Sri Amrik Singh.
32. With regard to the properties of MRG (P.) Ltd, the Court find that there were allegations of removing the properties against which the PICUP had advanced loan of Rs. 4.05 crores to MRG (P.) Ltd. These were removed without the consent of PICUP of Mohali. At the stage of giving supurdagi under Section 452, Cr. P.C. the proof of ownership is not only a criteria. The Court seizing the properties, has a duty to make arrangement for the proper custody of the same pending conclusion of trial. In the facts of the case in which hypothecated goods were alleged to have been removed from NOIDA to Mohali, Amrik Singh authorised representative of M/s, Keshav Enterprises (P.) Ltd., cannot be said to be a person for keeping proper custody of the properties pending conclusion of the trial. The C.J.M. appears to have erred in exercise of his jurisdiction in recording the finding that M/s. Keshav Enterprises (P.) Ltd. has produced documents of ownership for the description of machines seized on 3-12-1998 and giving it in possession of PICUP. This finding is wholly perverse. The machines hypothecated to SSI and MRG (P.) Ltd. were imported from Japan. The PICUPhad brought on record before the C.J.M. and has filed a supplementary affidavit in this Court the same documents namely a deed of hypothecation dated 18-1-1989 for term loan of Rs. 90 lakhs whereby SSI Ltd. had hypothecated plant and machinery and other equipment in favour of PICUP. Further a deed of hypothecation executed on 23-3-1993 for term loan of Rs. 313 lakhs under the common seal through its Director Rajeev Gupta, Sanjeev Gupta and Sri Atual Mittal authorised signatories whereby they have hypothecated plant and machinery and other equipments in favour of PICUP, third deed of hypothecation for Equipment Finance Scheme loan of Rs. 331 lakhs on 22-4-1995 whereby the company hypothecated plant and machinery and other fixed assets. M/s. MRG (P.) Ltd. was promoted by Sri Sanjeev Gupta, Rajeev Gupta and Sri M.L. Gupta which had executed a deed of hypothecation on 26-4-1995 through its Director by which they had hypothecated the plant and machinery of MRG (P.) Ltd. in favour of PICUP. Out of the sanctioned term loan of Rs. 313 lakhs, PICUP had disbursed Rs. 155 lakhs on 24-12-1993 and 100 lakhs on 31-1-1994 totalling Rs. 255 lakhs. The remaining undisbursed amount loan was cancelled. Against the ESI loan of Rs, 331 lakhs the PICUP had disbursed 329 lakhs on 2-7-1995 out of Rs. 213.58 lakhs was disbursed through L.C. opened by State Bank of Patiala, Daryaganj, New Delhi for import of Coil Winding Machines, Mould for injection Moulding Machine and Ultra Sonic Wire Binder from Golden Wheel Corporate Ltd., Hong Kong videletter the State Bank of Patiala, New Delhi dated 6-6-1995. A sum of Rs. 115,44 lakhs was also disbursed to the company for the payment of custom duties through Air Cargo Services. These amounts were released to the company on the retirement of L.C.'s by the Bank. Against the sanctioned loan of Rs. 459 lakhs of MRG (P.) Ltd. PICUP had disbursed Rs. 438 lakhs, only and the balance amount of Rs. 20.70 lakhs was cancelled. The first disbursement of Rs. 305 lakhs was released on retirement of L.C. opened by the State Bank of Patiala, New Delhi on behalf of MRG (P.) Ltd. for import of Moulding Machine from Nissei make of Japan. The bankers letter dated 2-5-1995 have been annexed to the supplementary affidavit. A chart has been annexed to the supplementary affidavit of V.K. Shukla, Junior Manager (Law) PICUP Regional Office, B-35, Sector-14, NOIDA, District-Gautam Budh Nagar, giving machine numbers as per deed of hypothecation bill and invoices submitted by SSI Ltd. and MRG (P.) Ltd. recovery memo prepared by the police at Mohali on 3-12-1998, inventory prepared by police at Surajpur on 3-5-1998 on the orders of C.J.M., Ghaziabad, inspection made by Punjab Police on 30-8-1999 on the case property bills submitted by Keshav Enterprises before C.J.M., Ghaziabad and inventory prepared by Official Liquidator on 29/30-12-1999 in compliance with the order of the High Court. Model number and Chassis number of the machines are similar and tally with each other.
33. The bills submitted by KE (P) before the CJM, Ghaziabad are from M/s. R.S. Enterprises which is also stated to be promoted by the promoters to SSI Ltd. and MRG (P.) Ltd. K.E. (P.) Ltd. and does not given any sales tax registration number.
34. In the circumstances it cannot be said on record that K.E. (P.) Ltd. had produced documents of ownership of the machines.
35. On looking at the four inventories available on record, the submission of counsel for respondent, that seized property is over and above the case property which was seized and brought to Ghaziabad, cannot be said to be incorrect. The seizure Memo prepared at Mohali includes items over and above the machines and equipments hypothecated to SSI Ltd. and MRG (P.) Ltd. The Officers of PICUP appears to be over jealous, and were not justified in seizing the property beyond the case property, specially when they were assisted by specialists. Sri S.K. Agrawal, Senior Regional Manager (North) PICUP was suspended, chargesheeted and was dismissed by PICUP under Rule 37 of the Employees Conduct of Discipline and Appeal Rules, 1987, for having allowed the promoters of the assisted unit not misappropriate in the items of plant and machinery and shift them unlawfully by causing delay in taking possession of the unit on 18-11-1998 and 19-11-1998 whereas notices under Section 29 of S.F.C. Act was issued on 24-9-1998 and approval was communicated on 28-9-1998. He was further chargesheeted for vide discrepancy in the inventories prepared at the time of taking over the possession and on 23-11-1998 along with representatives of the banks and that charge relating to failure to take preventive measure to secure the safety of the assets to the financial unit. There are allegations against Sri S.K. Agrawal for having misappropriated some of the assets which were seized at Mohali and brought to Ghaziabad which were given in schedule 3 of PICUP through Sri S.K. Agrawal.
36. In the facts and circumstances of the case, the Court finds that order of C.J.M. giving supurdagi of entire movable assets including financial machines seized from the premises of K.E. (P.) Ltd. at Mohali to Sri Amrik Singh, authorised representative of K.E. (P.) Ltd., suffers from gross error of jurisdiction and beyond the scope for powers conferred upon him under Section 451 for proper custody of the property during the pendency of the trial. The property of SSI Ltd. which were removed to Mohali and were brought back to Ghaziabad after their recovery in the custody of High Court under Section 456(2) of the Companies Act, 1956, and that the High Court had directed Official Liquidator to take possession of these properties after making inventories in presence of observer appointed by the Court. These properties were thus in the custody of Superior Court and could not have been given in supurdagi after the order of the High Court was brought on record and the notice of which was taken by the C.J.M. in his order. He had no jurisdiction to make orders for its proper custody. So far as the properties of MRG (P.) Ltd. are concerned, these were mortgaged/hypothecated with PICUP and were wrongfully removed to Mohali and recovered from the premises of K.E. (P.) Ltd. of which Smt. Anju Gupta and Smt. Anjali Gupta wives of Sri Sanjeev Gupta and Rajeev Gupta were the Directors. M/s. K.E. (P.) Ltd. was not able to produce proof of their ownership and the right to retain possession. They were alleged to have removed from Ghaziabad by leaving replicas of the same, the defraud PICUP. The finding that officers of PICUP had taken care of the custody of the property and that obstruction may be caused in taking action against PICUP in respect of the complaint of loss of property is wholly arbitrary and perverse finding, and without any material brought in respect of such allegation on record and thus the C.J.M. exceeded his jurisdiction in respect of handing over the supurdagi of property of M.R.G. (P) Ltd. also to Sri Amrik Singh, authorised representative of K.E. (P) Ltd.
37. Coming to the challenge of order dated 6-1-2000 the Court find that the C.J.M. had no authority in law to direct Official Liquidator to hand over the supurdagi to Sri Amrik Singh. An Official Liquidator acts and discharges a statutory duty and was bound by the orders of the High Court to take over the possession of the assets of the company (in liq.) and for protection of the assets.
38. Section 456 provides for custody of company properties after winding up. There are deemed to be in custody of the Court and requires the Official Liquidator to take into its custody or under his control or effect or actionable claims to which the company is or appears to be entitled. Sub-section (1A) of Section 456 provides that for the purposes of enabling Liquidator to take into his custody or under his control any property, effect or actionable claims to which the company is or appears to be entitled, the Liquidator may be writing request the Chief Presidency Magistrate or the District Magistrate within whose jurisdiction such property, effects or actionable claims or any books of account or other documents of the company may be found to take possession thereof, and the Chief Presidency Magistrate or the District Magistrate may thereupon, after such notice as he may think fit to give to any party, take possession of such property, effects, actionable claims, books of account or other documents and deliver possession thereof to the liquidator. Subsection (IB) inserted by some amendment in Section 456 provides for securing compliance with the provisions of Sub-section (1A), the Chief Presidency Magistrate or the District Magistrate may take or cause to be taken such steps and use or cause to be used such force as may in his opinion be necessary.
39. In the present case the C.J.M., Ghaziabad was informed to the effect that the Company Judge of the High Court at Allahabad had, by his order dated 17-12-1999, had directed the Official Liquidator to take possession of the properties after preparing inventories. He, therefore, clearly exceeded his jurisdiction in directing the Official Liquidator to hand over entire seized properties to Sri Amrik Singh, authorised representative of K.E. (P.) Ltd.
40. Both the Criminal Revisions are accordingly allowed. The orders dated 29-12-1999 and 6-1-2000 passed by the Chief Judicial Magistrate, Ghaziabad under Section 451, Cr. P.C. are quashed. The Official Liquidator and PICUP are directed to identify the properties of M/s. Sak'ura Seimitsu India Ltd. (in liq.), MRG Plastic Technology Ltd. and the remaining properties, with the help of hypothecation deeds entered into by PICUP with these companies, first information report lodged by PICUP in case Crime No. 114 of 1994 under Section 406/420, I.P.C. at police station-Surajpur and case crime No. 993 of 1998 under Section 420/406/419, I.P.C. at P.S. Sector-20, NOIDA in respect of MRG (P); recovery memo prepared by police station at Mohali dated 3-12-1998; inventory prepared by police station at Surajpur on 3-5-1998 under the orders of C.J.M., inspection memo prepared by Punjab Police on 30-8-1999, and the inventory prepared by Official Liquidator dated 29/30-12-1999. Whereas the assets so identified and financed by PICUP under the deeds of hypothecation with M/s. Sakura Semistu Ltd. (in liq.) shall continue to be in custody of Official Liquidator under the orders of High Court of Allahabad; the assets of MRG Plastic Technology Ltd. shall be given in the supurdagi of PICUP, after executing a bond to the satisfaction of C.J.M., Ghaziabad, and the remaining assets seized at Mohali and brought at Ghaziabad shall be given in supurdagi of Sri Amrik Singh, authorised representative of K.E. (P.) Ltd. for its safety to be produced before the Court whenever ordered by it, after executing a bond to the satisfaction of the C.J.M., Ghaziabad.
41. In the facts and circumstances of the case there shall be no order as to costs.
Revision allowed.