2004 Supreme(Ori) 112
L.MOHAPATRA
YASWANT PORWAL – Appellant
Versus
STATE OF ORISSA – Respondent
Advocates Appeared:
S.K.MISHRA, S.P.Misra
Judgement Key Points
Facts of the Case
- The informant/petitioner challenged the order dated 7-4-2003 passed by the SDJM Jharsuguda in GR Case No. 1084 of 2002, rejecting release of gold ornaments and cash under Section 457 CrPC. [22000077040001] (!)
- Petitioner claimed to be the authorized agent of M/s. Rohit Jewellers, Mumbai, dealing in manufacturing and sale of gold ornaments, and was supplying them to jewellers in Orissa. [22000077040001]
- On the date of occurrence, petitioner was traveling by bus from Jharsuguda to Bargarh with gold ornaments and cash when accused persons took him on a motorcycle under false pretext, attempted robbery, and snatched the items; police rescued him and seized the items from the accused. [22000077040001]
- Petitioner filed application under Section 457 CrPC for release, stating he was custodian of the items belonging to his employer, now in police custody. [22000077040001]
- APP objected, claiming items seized from accused running away after snatching from petitioner, no documents proving authorization or purpose of carrying items. [22000077040001]
- Magistrate rejected the application, disbelieving the authorization letter produced later. [22000077040001]
Arguments
- Petitioner's counsel submitted no dispute that ornaments were snatched from petitioner, who was rescued, and items recovered from accused; thus, petitioner was in possession at time of occurrence. [22000077040002][22000077040005]
- Even if authorization not accepted, prosecution case confirms petitioner possessed items snatched by accused. [22000077040005][22000077040003]
Findings and Decision
- Prosecution case confirms gold ornaments and cash carried by petitioner were snatched and recovered from accused immediately, establishing petitioner's possession at time of offence. [22000077040003]
- Items entitled to release under Section 457 CrPC in favor of petitioner, who was in possession at time of occurrence. [22000077040003][22000077040004]
- Magistrate's order set aside; directed Magistrate to release seized gold ornaments and cash to petitioner after formalities for handling valuables in custody. [22000077040004]
- Revision petition allowed. [22000077040004] (!)
L. MOHAPATRA, J.
( 1 ) INFORMANT is the petitioner before this Court challenging the order dated 7-4-2003 passed by the learned S. D. J. M. Jharsuguda in G. R. Case No. 1084 of 2002 rejecting the prayer of the petitioner for release of certain gold ornaments as well as cash under Section 457 of the Code of Criminal Procedure.
( 2 ) CASE of the petitioner is that he is the authorised agent of M/s. Rohit Jewellers, mumbai dealing with manufacturing and sale of gold ornaments. In view of orders received from different jewellers the same were being supplied through the present petitioner. On the date of occurrence the petitioner being deputed by said M/s. Rohit jewellers to supply ornaments to different jewellers in Orissa was moving from jharsuguda to Bargarh in a bus. It is alleged that the accused persons on false pretext took him in a motor cycle with intention to commit robbery, as a result of which the petitioner raised hullah. Hearing his shout police rescued him and recovered gold ornaments as well as cash which had been taken away by the accused persons and seized the same. On the basis of such allegation, a case was registered. The petitioner field an application under Secti
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