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The Karnataka Excessive Court docket has mentioned that if gold bullion or gold ornaments are seized through the investigation of an offence, the utmost interval that it might be held is 15 days or one month and later, it must be launched and interim custody must be handed over to the sufferer/complainant/applicant.
A single choose bench of Justice M Nagaprasanna allowed the petition filed by M/S Namboor Jewellers and directed handing over of interim custody of the gold seized by the police.
The petitioner had approached the trial court docket by submitting an software below Sections 451 and 457 of CrPC, in search of interim custody of gold bullion seized in a case registered towards one Hameed Ali for offences punishable below Sections 406 and 420 IPC. Within the mentioned crime, through the course of the investigation, the police had recovered half kilogram of gold from the store of the petitioner.
The applicant claimed to be the sufferer within the criticism. It was contended that the petitioner being the sufferer is entitled to in legislation for an interim custody of the seized gold bullion, which even by way of the investigation belongs to the petitioner. The explanation rendered by the realized Justice of the Peace to say no the applying significantly, insofar because it issues the gold bullion of the petitioner, was misguided and runs counter to the judgment rendered by the Apex Court docket within the case of Sunderbhai Ambalal Desai V. State Of Gujarat, (2002) 10 SCC 283.
The prosecution admitted that the gold belongs to the petitioner however argued that it can’t be launched until the trial proceedings are accomplished and would search dismissal of the petition.
Findings:
The bench referred to the Apex court docket judgment relied by the petition wherein it was held that
“With regard to beneficial articles, akin to, golden or silver ornaments or articles studded with valuable stones, it’s submitted that it’s of no use to maintain such articles in police custody for years until the trial is over. In our view, this submission requires acceptance. In such circumstances, the Justice of the Peace ought to cross applicable orders as contemplated below Part 451 CrPC on the earliest.”
Following which the court docket mentioned, “If the order handed by the realized Justice of the Peace is taken into account on the bedrock of rules laid down by the Apex Court docket within the aforesaid judgment, it could on the face of it, run foul, because the Court docket holds that there aren’t any ample grounds made out by the petitioner for interim custody of the gold bullion.“
Accordingly it allowed the petition and directed that the prosecution shall put together detailed and correct panchanama of such articles; take images of such articles, and a bond that such articles could be produced, if required on the time of trial; correct and enough safety shall be taken by the Investigating Officer, earlier than handing over the articles.
Case Title: M/S NAMBOOR JEWELLERS v. STATE BY LASHKAR POLICE STATION
Case No: CRIMINAL PETITION NO. 7105 OF 2022
Quotation: 2022 LiveLaw (Kar) 364
Date of Order: 2ND DAY OF SEPTEMBER, 2022
Look: Advocate PRASHANTH P.N for petitioner; HCGP Ok.S.ABHIJITH for respondent
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