ORDER

1. Heard learned counsel.

2. In a case of theft against the first respondents truck was seized. It appears from the criminal proceedings that an auction was held and the truck in question was purchased by the appellant. Thereafter the criminal proceedings ended in favour of the accused from whom the truck was seized. Consequently, it was returned to the respondent-accused. The appellant has come forward with these proceedings stating that once he has purchased the truck he should not have been dispossessed. It is needless to say when a criminal proceeding is disposed of, the property in dispute has to be returned and the court considering all the facts and circumstances returned the truck to the person from whom it was seized or who was entitled to have its possession. That being the case, the appellant cannot have any legal claim in a case of this nature. We are told that an amount of Rs 3500 was paid by the appellant which is in deposit and if it is so, he can still claim the same and take refund of it. With this observation the appeal is disposed of.

For Citation : 1994 Supp (3) SCC 356