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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
HARINATH.N
Manappuram Asset Finance Limited – Appellant
Versus
State Of AP – Respondent
ORDER :
HARINATH.N, J.
1. The petitioners are aggrieved by the issuance of notices under Section 91 and Section 102 of Cr.P.C., ( Section 94 of BNSS ) by the investigating officers of various police stations investigating the crimes registered. The petitioners are in the business of extending loans against the mortgage of gold ornaments.
2. The petitioners were issued notices by the investigating officers to produce and hand over the gold ornaments during the course of the investigation.
The details of the batch of writ petitions are as follows ;
| S.No. | WP.No. | Police Station | Crime number | Section of Law | Complaintfiled by |
| 1. | WP.No.25540 of 2023 | Bhimunipatnam Police station | 253 of 2023 | 409, 420 of IPC | Branch Head, IIFL Finance Ltd., |
| 2. | WP.No.28721 of 2023 | Bobbili Town Police Station | 541 of 2023 | 457, 380 IPC | K.Kavitha Sravanthi alleging theft of her gold ornaments |
| 3. | WP.No.26267 of 2023 | Bhimunipatnam Police Station | 253 of 2023 | 409, 420 IPC | Branch Head, IIFL Finance Ltd., |
| 4 | WP.No.23757 of 2024 | Sompta Police Station | 119 of 2024 | 303 (2) BNS | G.Jeevaratnam alleging theft of gold ornaments |
| 5 | WP.No.23656 of 2024 | Kovvur Town Police Station | 227 of 2024 | 331 (4) 305(a) BNS | K.Ushasri alleging theft of her gold ornaments |
| 6 | WP.No25826 of | ||||
Pawnee rights under the Indian Contract Act do not extend to crime proceeds; compliance with investigative notices prevails to protect victims' property rights.
Financial companies must seek relief through legal channels when police seize pledged items under allegations of theft, ensuring adherence to established guidelines and protocols.
The main legal point established is that a finance institution must follow fair practices and procedures in advancing loans on pledged jewels, and has rights in relation to the pledged jewels.
The court upheld that seizure actions by police must comply with Articles 14 and 19, reaffirming the necessity for following established legal guidelines when handling seized property.
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