SANDEEP N. BHATT
Arun Sagarmal Jain Proprietor New National jewelers – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. petition for quashing lower court orders. (Para 1) |
| 2. factual background of gold biscuits seizure. (Para 2) |
| 3. arguments regarding prior appeals and confiscation. (Para 3) |
| 4. dispute over ownership and trial court decisions. (Para 5) |
| 5. final dismissal of the petition. (Para 7) |
JUDGMENT :
1. The present petition is filed by the petitioner seeking for the following reliefs:
B) During the pendency and final disposal of the present petition YOUR LORDSHIPS may be pleased to stay the operation, implementation and execution of the order dated 10.08.2021 passed by the
Bharat Sanchar Nigam Ltd. versus Suryanarayanan and Another reported in (2020) 12 SCC 637
The court upheld that the petitioner failed to substantiate ownership of confiscated goods, emphasizing the necessity for adequate inquiry under applicable provisions of the Code of Criminal Procedur....
The entitlement to seized property post-acquittal is contingent upon proven ownership title, overriding mere possession claims.
An interim custody application for property pending trial is unsustainable if trial has concluded; the relevant provision becomes Section 452 for property disposal post-trial.
Sections 451 and 452 of CrPC serve distinct purposes; ownership claims in recovered property must be substantiated by evidence, regardless of acquittal of accused.
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