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1963 Supreme(Mad) 528

KUNHAMED KUTTI
In re, Gnanamuthu – Appellant
Versus
. – Respondent


Advocates Appeared:
C.K. Venkatanarasimhan, for Petitioner; B. Sriramulu, for Public Prosecutor, for the State.

Judgement

ORDER :- The petitioner was a Sub Inspector of Police in Veerapandi in about 1959. There was a robbery in his house and gold jewels of his wife had been snatched away. One Mookan Servai, suspected of this crime, was tried for the offence; but be was acquitted. During the investigation of the case by the petitioner, he had recovered two gold ingots from Guruswami Asari (P.W. 1) and Ponnukamakshi Asari. They had claimed the ingots as belonging to them. But when the petitioner produced them in Court after seizure on 6-10-1959, he was allowed to keep them on his undertaking to produce them in Court when called upon to do so. After the acquittal of Mockan Servai, the trial Court ordered the jewels to be retained by the petitioner. But, on appeal, the learned Sessions Judge reversed the said order and directed the trial Court to hold a fresh enquiry as to the ownership of the ingots. The Magistrate then directed the petitioner to produce the ingots in Court and he produced them after taking time twice. An order was ultimately passed by the learned Magistrate directing return of the ingots to P.W. 1 and Ponnukamakshi. P.W. 1 took back M.O. 1 from Court on 15-3-1961. M.O. 2 was ke








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