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G. RADHA RANI
Mir Farooq AIi, S/o. Mir Shakeel Ali – Appellant
Versus
State of Telangana, rep. , by its Public Prosecutor – Respondent
ORDER :
G. Radha Rani, J.
This Criminal Revision Case is filed by the petitioner – owner of the property under Section 451 read with Section 457 of Code of Criminal Procedure against the order passed in Crl.M.P.No.1031 of 2023 on the file of the Additional Junior Civil Judge – cum – VII Additional Metropolitan Magistrate at Hayathnagar in Crime No.77 of 2023 of PS Vanasthalipuram, Rachakonda District.
2. The brief facts of the case are that the Sub-Inspector of Police of PS Vanasthalipuram on receiving credible information on 15.01.2023 at 02:00 PM conducted vehicle checking at Gayathri Nagar Bank Colony Road and at 02:50 PM stopped a two-wheeler ridden by respondent No.2 without any number plate and seized a bag containing cash of Rs.23,17,400/- from him and registered a case in Crime No.77 of 2023 of Vanasthalipuram Police Station under Section 102 of Code of Criminal Procedure. Thereafter, the petitioner filed an application on 12.12.2023 under Section 451 read with Section 457 of Cr.P.C. for return of cash. The same was dismissed by the trial court.
3. Aggrieved by the said dismissal, the petitioner preferred this Revision.
4. Heard the learned counsel for the petitioner and the lea
Seizure of property under Section 102 of the Cr.P.C. requires evidence of theft or crime; mere suspicion is insufficient.
Court or the police would not be required to keep the article in safe custody and if the proper panchnama before handing over possession of article is prepared, that can be used in evidence instead o....
The main legal point established is that properties not suspected of being linked to the investigated offense cannot be seized under Section 102 of the Code of Criminal Procedure.
The main legal point established in the judgment is that the power of seizure under Section 102 of the Code of Criminal Procedure, 1973 is limited to movable property and does not extend to immovable....
Seized property must be returned to the rightful owner unless justified otherwise, ensuring no deprivation without legal authority, as per Article 300A of the Constitution.
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