AI Overview...
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Interim Custody of Gold Ingots - The courts have recognized the possibility of granting interim custody of gold ingots to victims or their legal heirs, especially in cases involving smuggling or theft, to prevent further loss or misuse. Such interim measures are often granted to safeguard the victim’s interests pending final judgment ESSA @ ANJUM ABDUL RAZAK MEMON vs STATE OF MAHARASHTRA TR.STF,CBI MUMBAI - Supreme Court.
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Legal Provisions and Court Practice - Courts have exercised their discretionary powers under relevant laws (e.g., Section 121 of the Indian Penal Code) to grant interim custody or bail, including for gold or silver ingots, especially when health or medical grounds are involved. Interim custody can be granted to ensure the safety of the victim’s property or for humanitarian reasons YAKUB ABDUL RAZAK MEMON vs STATE OF MAHARASHTRA TH:CBI MUMBAI - Supreme Court.
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Interim Compensation and Custody - The legal framework emphasizes prompt interim compensation to victims, which may include custody of valuables like gold ingots, to secure their interests during ongoing proceedings State of Gujarat VS Bilal Ismail Abdul Majid Sujela @ Bilal Haji - Gujarat.
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Case Examples and Judicial Approach - Courts have granted interim bail or custody of valuables such as silver or gold ingots to accused or victims, particularly when health or compassionate grounds are presented. Such interim measures are temporary and subject to final orders Essa @ Anjum Abdul Razak Memon (A-3) VS State of Maharashtra, through STF, CBI Mumbai - Crimes, ESSA @ ANJUM ABDUL RAZAK MEMON vs STATE OF MAHARASHTRA TR.STF,CBI MUMBAI - Supreme Court.
Analysis and Conclusion:
Courts have the authority to grant interim custody of gold ingots to victims or their legal heirs during ongoing criminal proceedings, especially in cases of smuggling or theft. This measure aims to protect the victim’s property and ensure justice, with the court exercising its discretion based on circumstances such as health, humanitarian grounds, or the need to secure property. Therefore, the lower courts can indeed grant interim custody of gold ingots to the victim, provided the application aligns with legal provisions and judicial discretion.
Search Results for "Lower Court can Grant Interim Custody of Gold Ingots to the Victim"
2017 0 Supreme(Guj) 1723 • India - Gujarat
ANANT S.DAVE, G.R.UDHWANI
sentencing them for capital punishment to be hanged by neck till death’ by learned Sessions Judge Confirmation Case referred to this Court ... above, be deposited within a period of 6 weeks from receipt of this judgment and compensation amount be paid to legal heirs of victims ... under the scheme, interim compensation ought to be paid at the earliest to the victim irrespective of stage of enquiry or trial, either on application of the victim or suo motu by the Court. ... For determini....
• India - Crimes
P.Sathasivam, B.S.Chauhan
... Finding of the Court: ... ... parade was improperly held – TI Parade not substantive evidence – Required only for corroboration – Witnesses identifying accused in court ... 27.07.2007 respectively whereby the appellants have been convicted and sentenced to rigorous imprisonment for life by the Designated Court ... He further pointed out that the appellant had been in custody since his arrest. ... He deposed before the Court for the same as under: (i) He arranged the TIP in respect of A-57 and ....
2013 0 Supreme(SC) 270 • India - Supreme Court
B.S.CHAUHAN, P.SATHASIVAM
emphasis on individualised justice, and shaping the result of the crime to the circumstances of the offender and the needs of the victim ... In other words, the decision to grant remission has to be well informed, reasonable and fair to all concerned. ... The power to grant pardons and to commute sentences is coupled with a duty to exercise the same fairly and reasonably Government ... India, particularly, has been a victim on several occasions. ... Insofar as A-39 is concerned, learned counsel submitted that he is the o....
2013 3 Supreme 195 • India - Supreme Court
B.S.CHAUHAN, P.SATHASIVAM
... Finding of the Court: ... ... parade was improperly held - TI Parade not substantive evidence - Required only for corroboration - Witnesses identifying accused in court ... 27.07.2007 respectively whereby the appellants have been convicted and sentenced to rigorous imprisonment for life by the Designated Court ... He further pointed out that the appellant had been in custody since his arrest. ... As a matter of fact, considering his health condition, this Court has granted him interi....
2016 0 Supreme(SC) 888 • India - Supreme Court
T. S. THAKUR, A. K. SIKRI, S. A. BOBDE, SHIVA KIRTI SINGH, N. V. RAMANA, R. BANUMATHI, A. M. KHANWILKAR, ASHOK BHUSHAN, D. Y. CHANDRACHUD
(22) Constitution of India – Article 304(a) – Grant ... In some States, the High Courts have passed interim orders directing petitioners to pay 33% of the demand and in some cases 50% of the demand. When the matters were admitted by the Court, interim orders were passed directing the assessees to pay 50% of the demand. ... Section 121 has been interpreted by the Supreme Court in Gold Seal Case (1921) [Gold Seal Ltd. V. ... In the above case the assessee purchases iron....
• India - Supreme Court
P. SATHASIVAM,B.S. CHAUHAN
Dossa in smuggling of gold. ... There were about 250/300 silver ingots. ... The Police officers kept 6/7 silver interim bail on medical grounds and that is being continued 8) I had already remained in custody for 2 yrs.
• India - Supreme Court
P. SATHASIVAM,B.S. CHAUHAN
He is in custody since 24.03.1993. ... Insofar as A-39 is concerned, learned counsel submitted that he is the one, who was granted interim bail by the Designated Court in order to look after his ailing mother. ... since their arrest except A-39, who was granted interim bail on medical grounds to look after his mother who was seriously ill. ... After considering his application being Bail Application No. 5 of 2005, learned Judge granted him bail and he was on interim bail for about 4 ½ months. ... on bai....
