Order

17/12/2020 Learned counsel for the petitioner submits that the learned District & Sessions Judge, Dholpur, has erred in not allowing the application under Section 457 Cr.P.C. for handing over in Supurdagi the cash recovered from the petitioner’s house which the petitioner claimed as his own. It is submitted that the amount recovered were seized from the cupboard of the petitioner’s room in his own house will be treated as his own property and accordingly, it is required to be released to the petitioner.

Learned counsel relies upon the judgment passed by this Court in S.B Criminal Misc. (Petition) No.4165/2020: Narendra Kumar Harsh Versus State of Rajasthan decided on 04.11.2020 whereby this Court after considering the law relating to release of cash amount recovered in any case has directed as under:-

I have considered the submissions.

In MECTEC Firm Vs. State of Rajasthan (supra)

delivered by me, I had considered the law laid down in Sunderbhai Ambalal Desai & ors. (supra) wherein the Supreme Court has observed with regard to release of valuable articles and currency notes as under:

"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. to impose any other appropriate condition.

14. In case, where such articles are not handed over either to the complainant or to the person from whom such articles are seized or to its claimant, then the Court may direct that such articles be kept in bank lockers. Similarly, if articles are required to kept in police custody, it would be open to the SIIO after preparing proper panchnama to keep such articles in a bank locker. In any case, such articles should be produced before the Magistrate within a week of their seizure. If required, the Court may direct that such articles be handed over back to the Investigating Officer for further investigation and identification, However, in no set of circumstances, the Investigating Officer should keep such articles in custody for a longer period for the purpose of investigation and identification. For currency notes, similar procedure can be followed."

After taking into consideration the said provisions, it was directed as under:

“8. Keeping in view above, the instant Criminal Misc. Petition is allowed. The order impugned dated 03/09/2019, passed by the learned Additional Sessions Judge No.1, Kota in Criminal Misc. Application No.44/2019 is set aside and it is directed that the aforesaid cash amount of Rs.1,69,00,000/- be released after preparing a detailed and appropriate Panchnama of the cash amount with due photographs of the amount mentioning all the particulars of the concerned currency notes as well as details of the Proprietor/power of attorney holder of the petitioner firm. Due attestation an