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2021 Supreme(Raj) 1499
RAJASTHAN HIGH COURT
Pushpendra Singh Bhati, J.
Subhash - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous (Petition) No. 3331 of 2021
Decided On : 10-08-2021
Pankaj Kumar Gupta, Advocate, Vikram Sharma, Advocate
Property that is no longer required for investigation should be released to the rightful owner, provided appropriate guarantees are in place.
Headnote:
RELEASE - PROCEEDS OF CRIME - The court addressed the issue of releasing an amount alleged to be proceeds of contraband, emphasizing that such funds should not remain in police custody if no longer needed for investigation. Citing precedents, the court concluded that the amount should be released under certain conditions, reflecting a legal framework that prioritizes the timely return of property not required for ongoing legal processes.
Fact of the Case:
The petitioner sought to set aside an order from the Additional Sessions Judge that refused to release Rs.1,17,500/- claimed to be proceeds of contraband, arguing it was no longer needed for investigation.
Finding of the Court:
The court found that the amount in question was improperly kept under confiscation and that the Public Prosecutor could not refute the petitioner's claims. The court relied on previous judgments to support its decision.
Issues: Whether the amount of Rs.1,17,500/- should be released to the petitioner, given that it was no longer required for investigation.
Ratio Decidendi: The court applied the principles established in Sunderbhai Ambalal Desai vs. State of Gujarat and Lune Khan Vs. State of Rajasthan, which advocate for the release of property not needed for ongoing investigations.
Result: The court allowed the petition and directed the trial court to release the amount on the condition that the petitioner furnishes a bank guarantee of the same amount.
JUDGMENT
Pushpendra Singh Bhati, J. - In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. The petitioner has preferred this misc. petition praying that the order dated 17.06.2021 passed by learned Additional Sessions Judge, Sangaria, District Hanumangarh in Criminal Misc. Case No.175/2021 (arising out of Sessions Case No.17/2020) be set aside, whereby the said Court refused to release the amount of Rs.1,17,500/- to the petitioner.
3. Counsel for the petitioner submits that the petitioner has preferred this misc. petition for releasing the amount in-question, which is alleged to be the proceeds of the contraband in-question. He further submits that the amount in-question is no longer required for investigation and has been wrongly been kept under confiscation.
4. Counsel for the petitioner has cited the judgment passed by this Court in the matter of Lune Khan Vs. State of Rajasthan,2018 4 CrLR 1783 (Raj.) .
5. Counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme court has held that the article should not be permitted to remain in the police station as same shall not remain useful.
6. Learned Public Prosecutor is not in a position to refute the above position.
7. Relying upon the judgment of Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai (supra) and Lune Khan (supra), the present misc. petition is allowed and the trial court is directed to release the amount of Rs.1,17,500/- on supardaginama on usual conditions, which the trial court deems fit, provided he furnishes a bank guarantee of Rs.1,17,500/- with the learned trial court. The disposal of bank guarantee shall be in accordance with the final directions to be passed by the learned trial court after conclusion of the trial.
