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1997 Supreme(Ker) 361

B.N.PATNAIK
V. V. Ramakrishnan – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

The petitioner challenges the order dated 20-6-1995 passed by the Judicial Magistrate of the First Class, Chavakkad on a petition filed by him under section 451 of the Code of Criminal Procedure.

2. The petitioner is engaged in the jewellery business at Kodungallur in Thrissur District. There was an allegation of theft of some gold ornaments weighing about 17 sovereigns. A case was registered as Crime No. 141/CR/94 of the CB CID, Ernakulam. In course of investigation, it is alleged that the investigating team of Crime Branch seized some old gold ornaments from his shop at about 7 p.m. on 4-4-1905 on threat of arrest. The Divisional Inspector of Police, Crime Branch, CB CID, Thrissur told him that the petitioner has received stolen gold ornaments and as such he would seize the same out of fear, the petitioner produced some gold ornaments which were seized by the police. Thereafter, he filed a petition under section 451 of the Cr.P.C. before the Court below for return of the gold ornaments to him on proper security on the ground that the allegation of his having received the same as stolen property is false. On the contrary he contended that he had purchased it from one D












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