State of Punjab vs Vinod Kumar Ahluwalia .

H.S. Rai, J.

FIR No. 326 was registered against Vinod Kumar, respondent on 14.9.1980 and consequently cement was seized from him. He was tried but acquitted by the Court. During the pendency of the trial, the cement was disposed of and the sale proceeds were handed over to Vinod Kumar. on Superdari. The State of Punjab filed an application for refund of the sale proceeds and Vinod Kumar filed an application for payment of interest for the price of the cement for the period when the cement remained illegally seized with the State. Shri 0. C. Suman learned Chief Judicial Magistrate, Ludhiana, vide order dated 5.2.1987 dismissed the application filed by the State and, refused to direct a refund of the amount and allowed the application filed by Vinod Kumar and directed that I I per cent interest be paid to him.

The State of Punjab filed an appeal in the Court of Sessions, Ludhiana. The same was dismissed by Mr. M.S. Ahluwalia, Additional Sessions Judge vide his orders dated, 18.11.1987. Feeling aggrieved, this revision has been filed.

I have heard the learned counsel for the parties.

It is not disputed that the cement in question was seized. It is further stated that he was acquitted of the charge. In view of the fact that cement was seized illegally, Vinod Kumar was entitled to the return of the same but as the cement had been sold during pendency of the trial, he was entitled to the sale proceeds of the same. The Courts below have directed that Vinod Kumar is entitled to the sale proceeds. It is also further directed that the State shall pay interest @ 11% to Vinod Kumar for the period when the cement remained illegally seized with the State. I do not find any illegality or infirmity in the order. No ground to interfere with the same is made out. This revision petition is dismissed.