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1987 Supreme(Ker) 320

K.T.THOMAS
KRISHNA PILLAI – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Judgment :-

1. The appellant is aggrieved by the order of the Chief Judicial Magistrate Manjeri as per which 375 bags of dried cashewnuts involved in a criminal case were ordered to be given to the Kerala State Cashew Development Corporation (for short'the Corporation'). Hence this appeal.

2. During investigation of a crime case, the Dy. S.P. Crime Detachment (Malappuram District) seized 375 bags of dried cashewnuts from Vinod Cashew Factory, Quilon on 25-6-1980. The case was charge sheeted against eight persons. The trial court convicted the first accused for the offence under S.409 of the Indian Penal Code. The appellant was neither an accused nor a witness in the said case. The trial Magistrate found that Al in that case was entrusted with dominion over the cashewnuts for the purpose of transportation from Edavanna (Malappuram District) to one of the factories of the Corporation at Quilon. It was further found that the first accused, in violation of the terms of the contract, supplied the cashewnuts to the appellant and appropriated the value thereof. In the judgment, the lower court passed orders for disposal of the property. It was directed that the cashewnuts be returned to th










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