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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Gali Janardhan Reddy – Appellant
Versus
State CBI, Hyderabad – Respondent
ORDER :
K.LAKSHMAN, J.
Heard Ms. Jayasree Narasimhan, learned counsel representing Sri Rajesh Maddy, learned counsel for the petitioners and Sri Srinivasa Rao Kapatia, learned Special Public Prosecutor for CBI.
2-a) Crl.P.No. 10450 of 2017 is filed under Section 482 of CrPC by the petitioner/accused No.2 (A.2) in C.C.No.1 of 2016 challenging the order dated 25.10.2016 passed in Crl.M.P.No.1660 of 2016 in C.C.No.1 of 2012 in R.C.No.17(A) of 2009-CBI/Hyderabad, by the Principal Special Judge for CBI Cases, Hyderabad, and to set aside the same.
2-b) Crl.P.No. 10915 of 2022 is filed by the petitioner, daughter of A.2, challenging the order dated 05.09.2022 passed in Crl.M.P.No.2379 of 2022 in the said C.C.No.1 of 2012 and to set aside the same.
2-c) Crl.P.No. 10917 of 2022 is filed by the petitioner, son of A.2, challenging the order dated 05.09.2022 passed in Crl.M.P.No.2381 of 2022 in the said C.C.No.1 of 2012.
3-a) Crl.M.P.No.1660 of 2016 was filed by A.2 under Sections 451 and 457 of CrPC, to grant interim custody of 105 items of gold ornaments, seized from his residence.
3-b) Crl.M.P.No.2379 of 2022 was filed by the daughter of A.2 1660 of 2016 under Sections 451 and 457 of CrPC, to dire
The court upheld that the petitioner failed to substantiate ownership of confiscated goods, emphasizing the necessity for adequate inquiry under applicable provisions of the Code of Criminal Procedur....
The Court held that the Magistrate is empowered to order the custody and disposal of property pending enquiry or trial using his discretion and such discretion should not be arbitrary. The Court also....
Sections 451 and 452 of CrPC serve distinct purposes; ownership claims in recovered property must be substantiated by evidence, regardless of acquittal of accused.
The court upheld that seizure actions by police must comply with Articles 14 and 19, reaffirming the necessity for following established legal guidelines when handling seized property.
The court clarified that the provisions relating to security and attachment in cases of disproportionate assets must be strictly followed; hence, the petitions were dismissed.
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