SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Gau) 197

MICHAEL ZOTHANKHUMA, MALASRI NANDI
State of Assam – Appellant
Versus
Ram Sankar Maurya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. P.N. Goswami
For the Respondent: Mr. M. Biswas

JUDGMENT :

M. Zothankhuma, J.

Heard Mr. P.N. Goswami, learned Additional Advocate General for the State. Also heard Mr. Z. Kamar, learned Senior Counsel assisted by Mr. N.H. Barbhuiya, learned counsel for the respondent in Crl. Pet. No. 505/2022 and Cr. Pet. No. 517/2022; Mr. P.J. Saikia, learned Senior Counsel assisted by Mr. A.K. Gupta, learned counsel for the respondent in Crl. Pet. No. 356/2022 and Crl. Pet. No. 358/2022; Mr. M. Biswas, learned counsel for the respondent in Crl. Pet. No. 284/2022; Mr. A. Sarma, learned counsel for the respondent in Crl. Pet. No. 641/2022 and Mr. A. Duarah, learned counsel for the respondent in Crl. Pet. No. 642/2022.

2. This batch of petitions has been referred to by a Single Bench of this Court to decide the question “whether pending investigation, seized articles can be released by the Court, by exercising the jurisdiction, either under Section 451, or under Section 457 of the Cr.P.C.”

3. Mr. P N Goswami, learned Addl. Advocate General submits that a Court cannot release seized articles under Section 451, 457 or 102 Cr.P.C during the stage of investigation, unless and until the case reaches the stage of enquiry or trial. He also submits that Sect

                      Click Here to Read the rest of this document
                      1
                      2
                      3
                      4
                      5
                      6
                      7
                      8
                      9
                      10
                      11
                      SupremeToday Portrait Ad
                      supreme today icon
                      logo-black

                      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                      Please visit our Training & Support
                      Center or Contact Us for assistance

                      qr

                      Scan Me!

                      India’s Legal research and Law Firm App, Download now!

                      For Daily Legal Updates, Join us on :

                      whatsapp-icon telegram-icon
                      whatsapp-icon Back to top