JUDGMENT :

Dr. Dhananjaya Y. Chandrachud, J.

1. A First Information Report was lodged on 4 February 1992 alleging that a theft of 10,285 kilograms of copper wires and 62 lead sleeves of a value of Rs. 8,31,300/- had taken place from the godown of the erstwhile Telecom Department at Gandhi Nagar in Ernakulam. The accused had allegedly sold the material to the first respondent. The first respondent is the proprietor of an entity by the name of Surya Metals.

2. On 21 February 1992, the Circle Inspector of Police, Ernakulam Police Station seized 5,060 kgs of copper lead alloy moulds from the first respondent.

3. By an order dated 21 February 1992, interim custody of the seized alloy moulds was handed over by the Magistrate to the appellant in pursuance of the provisions of Section 451 of the Code of Criminal Procedure, 1973 (“CrPC”).

4. Pursuant to the investigation, Criminal case No. 433 of 1993 was registered on the file of the Judicial Magistrate First Class, Ernakulam for offences punishable under Sections 457, 381, 461, 462 and 411 read with Section 34 of the Indian Penal Code, 1860. The first respondent was cited as a witness (CW-10).

5. By a judgment and order dated 30 April 1999, the