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