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ANIL KUMAR CHOUDHARY
Sunil Kumar Sultania, son of Late Mahavir Prasad Sultania – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Anil Kumar Choudhary, J.) :
Heard the parties.
2. This Writ Petition (Cr.) has been filed under Article 226 of the Constitution of India with a prayer for issuance of appropriate writ/order/direction in the nature of certiorari to set aside the order dated 12.06.2023 passed by learned A.C.J.M., Chaibasa passed in Majhgaon P.S. Case No.17 of 2023 and the order dated 22.07.2023 by the learned Sessions Judge, West Singhbhum, Chaibasa in Criminal Revision No.27 of 2023 whereby and where under the learned Sessions Judge rejected the prayer of the petitioner for release of his own seized money of Rs.21,67,360/-.
3. The brief facts of the case is that the petitioner is the owner of the proprietorship firm namely Shree Ganesh Enterprises (Traders) of which the informant of Majhgaon P.S. Case No.17 of 2023 namely Yogendra Kamila was an employee. The said Majhgaon P.S. Case No.17 of 2023 was registered for the offence punishable under Section 392 of the Indian Penal Code. It is contended in the written report of the said Majhgaon P.S. Case No.17 of 2023 that the informant collected Rs.22,22,520/- on behalf of the petitioner and while he was travelling in a Scorpio vehicle with the
A writ petition for the release of seized money can be granted if ownership is established and the State has no objection, provided an indemnity bond is furnished.
Conditional release of seized articles cannot be denied.
Property seized in relation to a crime must be released to lawful owners unless substantiated otherwise.
The main legal point established in the judgment is the requirement for compliance with statutory procedures, particularly in the context of the seizure of property under Section 102 of the Criminal ....
Money belongs to the organization in view of the silence maintained by the petitioner in claiming the said amount either during the trial or in his statement made under Section 342 of Cr.P.C.
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