State NCT of Delhi vs Sunil Kumar - 2023 Supreme(Del) 216

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 216

IN THE HIGH COURT OF DELHI AT NEW DELHI
DINESH KUMAR SHARMA, J.
State NCT of Delhi - Petitioner
Versus
Sunil Kumar - Respondent
Crl. M.C. No. 6494 of 2022
Decided On : 16-01-2023

Advocates Appeared:
For the Petitioner: Ms. Nandita Rao, ASC (Crl.), GNCTD with Sh. Rakesh Kumar Sharma, ACP and Inspr. Sanjay Kumar, PS Crime Branch.
For the Respondents: Mr. Deepak Singh, Mr. Ankit Kashyap and Mr. Navjot Singh, Mr. Sushant Kumar.

Headnote:
Criminal Procedure Code, 1973 - Learned ASC submits that pursuant to order of this Court, learned CMM (Central) has conducted TIP - Learned ASC for State submits that majority of articles have duly been identified by respective owners - However, some of articles have remained unidentified -Held, Learned counsel for the applicant submits that his client has not found their articles in articles put up for identification and therefore TIP proceedings may be conducted afresh - Court consider that Court cannot go into this question - Authenticity and evidentiary value of the TIP has to be examined by the learned Trial Court - Investigation is still continuing - However, in interest of justice, Exports may be given an opportunity for identification of their goods, if any, out of unidentified articles - Petition disposed of.

JUDGMENT :

Dinesh Kumar Sharma, J.

CRL.M.A. 26648/2022 (for extension of time)

1. Ms. Nandita Rao, learned ASC submits that pursuant to the order of this Court dated 04.01.2023, learned CMM (Central) has conducted the TIP. Learned ASC for the State submits that the majority of the articles have duly been identified by the respective owners. However, some of the articles have remained unidentified.

2. This Court has also received the reports from Sh. Gaurav Sharma, learned MM-05, Central and Sh. Apoorv Gupta, learned MM-02. Let the report be taken on record.

3. Learned ASC submits that order dated 13.09.2022 for releasing the articles on superdari is required to be modified in view of the fact that certain articles are left unidentified.

4. Let fresh application for release of articles on superdari be moved by the complainant and the learned Trial court shall decide the application in light of the TIP proceedings.

5. In view of this, order dated 13.09.2022 shall have no force and the question as to the release of the articles on superdari shall be decided afresh.

6. The present application stands disposed of.

Crl.M.A.1089/2023 & Crl.M.A.1090/2023

7. Present applications have been moved on behalf of M/s. Radha Pallavi Exports seeking impleadment in the present proceedings and also stay of the TIP proceedings conducted so far.

8. Learned counsel for the applicant submits that his client has not found their articles in the articles put up for identification and therefore the TIP proceedings may be conducted afresh.

9. I consider that this Court cannot go into this question. The authenticity and the evidentiary value of the TIP has to be examined by the learned Trial Court. The investigation is still continuing. However, in the interest of justice, M/s. Radha Pallavi Exports may be given an opportunity for identification of their goods, if any, out of the unidentified articles.

10. With these observations, the applications Crl.M.A.1089/2023 & Crl.M.A.1090/2023 stands disposed of.

CRL.M.C. 6494/2022

11. Learned Additional Standing Counsel submits that in view of the order passed by the Court and the TIP conducted on 11.01.2023, their petition stands satisfied.

12. Hence, the present petition stands disposed of.

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