ORDER :

This Revision case is filed challenging the order passed in Crl.M.P.No.511 of 2011 in Crime No.4/AC/2021 on the file of the learned Special Judge (Special Court for trial of Cases under the Prevention of Corruption Act), Salem.

2. Crl.M.P.No.511 of 2021 was filed under Section 451 Cr.P.C to return locker key, which were handed over to the Court by the respondent police. It is alleged in the petition that the respondent registered a case against the petitioner and her husband G.Selvakumaran, Executive Engineer, MGNREGS, Rural Development Department, Vridhachalam Division in Crime No.4/AC/2021 for the offence under Section 13(2) r/w.13(1)(e) of Prevention of Corruption Act, 1988 and Prevention of Corruption Amendment Act, 2018 r/w. Section 109 IPC. Petitioner's mother-in-law was in Government service and retired in 1996. She accumulated 150 sovereigns of gold and cash during her service and gifted the same to petitioner's family as per family partition deed dated 10.02.2021. At the time of petitioner's marriage, she was gifted 120 sovereigns of gold jewels, and cash as Sridhana. Her mother and relatives gifted gold articles during festive occasions and during the birth of children. She is an income tax assessee and doing business in mining activities. A false case has been registered against her and her husband. She was summoned to UCO Bank on 10.03.2021 at about 5 p.m. The locker was opened in the presence of bank Manager. Inventory was taken. She has been using the locker to safeguard her valuable things. Her daughter's marriage arrangement is in progress. It is necessary for her to wear the jewels as per customs. Therefore, the petition for seeking return of jewels and locker key.

3. Respondent filed counter objecting to the return of jewels and handing over the locker key.

4. The trial Court on considering the rival submissions dismissed the petition. Challenging the said order, this petition is filed.

5. Learned counsel for the petitioner submitted that gold jewels, gold biscuits and cash found in the locker belong to the petitioner and gold jewels, gold biscuits and cash have nothing to do with the criminal case instituted against the petitioner and her husband. Respondent had returned the gold jewels and cash seized from petitioner's residence. The gold jewels are required for the purpose of making marriage arrangement to her daughter and therefore, the petition was filed. Dismissal of this petition is unwarranted in view of the judgments of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai vs.. State of Gujarat reported in (2002) 10 SCC 283, wherein it is held as follows:-

“Valuable Articles and Currency Notes

11. With regard to valuable articles, such as golden or sliver ornaments or articles studded with precious stones, it is submitted that it is of no use to keep such articles in police custody for years till the trial is over. In our view, this submission requires to be accepted. In such cases, Magistrate should pass appropriate orders as contemplated under Section 451 Cr.P.C. at the earliest.

12. For this purposes, if material on record indicates that such articles belong to the complainant at whose house theft, robbery or dacoity has taken place, then seized articles be handed over to the complainant after:-

(1) preparing detailed proper panchanama of such articles:

(2) taking photographs of such articles and a bond that such articles would be produced if required at the time of trial; and

(3) after taking proper security.

13. For this purpose, the Court may follow the procedure of recording such evidence, as it thinks necessary, as provided under Section 451 Cr.P.C. The bond and security should be taken so as to prevent the evidence being lost, altered or destroyed. The Court should see that photographs or such articles are attested or countersigned by the complainant, accused as well as by the person to whom the custody is handed over. Still however, it would be the function of the Court under Section 451 Cr.P.C