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2015 Supreme(Bom) 2230

A.M.THIPSAY
Vasantrao Ramchandra Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For Appellant: Rahul S. Kadam, Adv.
For Respondents: S. Gajare Dhumal, A.P.P.

JUDGMENT

A.M. Thipsay, J.

1. Leave to amend the cause title of the appeal in accordance with the order dated 29th April 2008, is granted. The amendment be carried out forthwith. This appeal has been filed by the original appellant, referred to as 'the appellant', under the provisions of Section 454 of the Code of Criminal Procedure (Code), being aggrieved by the judgment and order dated 16th March 2007, passed by the Additional Sessions Judge, Karad, who, though observed in the judgment that 'the appellant was entitled to have the custody and possession of a certain property', still, did not pass any order directing its return to him, on the ground that 'such property had not been produced before his court during the trial.'

2. I have heard Mr. Rahul S. Kadam, the learned counsel for the appellant. I have heard Mrs. S. Gajare-Dhumal, the learned APR I have gone through the copy of the impugned judgment that is annexed to the appeal memo.

3. The articles, which the appellant wants to be returned back to him, are three gold ornaments, one gun license, one pistol and one 12 bore gun, seized by the police in connection with the investigation of the case in which the appellant was prosecute









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