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1982 Supreme(Ker) 78

K.K.NARENDRAN
MALABAR CASHEWNUTS & ALLIED PRODUCTS – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The scope of S.452 of the Code of Criminal Procedure, 1973 which provides for the disposal of property by the Criminal Court at the conclusion of trial arises for consideration in these cases. After the acquittal of the accused, a third party applies to Court for the return of the money deposited in Court for the release of the property seized in the case from the accused on the ground that the money deposited was his and that the deposit was made by the accused on his behalf as the property belonged to him. The third party also wanted the release of the samples kept in Court to biro. The accused also applied for the return of the money and samples to them. The Court directed the parties to get their title to the property established by a competent Court. The question is whether the stand taken by Criminal Court requires any reconsideration.

2. The short facts of these cases, shorn of unnecessary details, are: In the early hours of the day 11-6-1976, 3 lorry loads of raw cashewnuts were seized one after the other at Mandapathinkadavu,12 K. Ms. inside the Kerala Tamilnadu border by the Special Officer for Cashew Industry, Quilon and his party. The lorries and the goods











































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