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Madhya Pradesh High Court · body

2001 DIGILAW 70 (MP)

Sarju Prasad v. State of M. P.

2001-01-19

N.G.KARAMBELKAR

body2001
This is an appeal under section 454 of the Code of Criminal Procedure against the order dated 8.10.1999 passed by Additional Sessions Judge, Lahar, district Bhind, in Criminal Appeal No. 52 of 1995 as regards the disposal of the property in the case. The property in the case happens to be idols of Lord Rama, Laxman and Sita. The learned appellate Court in its impugned order has directed that the three idols be got examined by the Director General, Archaeological Survey of India, and in case the idols are found to be antiquities of more than 100 years as defined under section 2 of the Antiquities and Art Treasures Act, 1972 then those be handed over to Archaeological Department of State of Madhya Pradesh for being kept in its museum otherwise those be returned to accused/appellant. The impugned order has been assailed on the ground that even according to the learned trial Court the prosecution miserably failed to prove that the three idols belong to antiquities as defined under section 2 of the Act for want of determination by Director-General, Archaeological Survey of India under section 24 of the Antiquities and Art Treasures Act, therefore, in the absence of material to include the three idols in the category of antiquities or any other category, firstly those could not have been seized and no prosecution could have been launched. However, the appellant having been acquitted on these grounds, as stated above, there was no question refusing possession of those idols to appellant particularly keeping in mind the provisions of sub-section (2) of section 26 of the Antiquities and Art Treasures Act, 1972. I have heard the learned counsel on both sides and perused the record. Frankly, speaking there is no legal evidence on record to prove that the three idols of Lord Rama, Laxman and Sita, fall within the category of any item enumerated under section 2 of the Act. Therefore, unless and until the articles could be included under those categories which find place in section 2 of the Antiquities and Art Treasures Act, no prosecution could have been launched. The learned appellate Court after considering the implications of the aforesaid Act has rightly acquitted the appellant of the charge under section 25(2) of the Antiquities and Art Treasures Act. The directions regarding disposal of the property, as narrated above, seems to be unwarranted and without any legal basis. The learned appellate Court after considering the implications of the aforesaid Act has rightly acquitted the appellant of the charge under section 25(2) of the Antiquities and Art Treasures Act. The directions regarding disposal of the property, as narrated above, seems to be unwarranted and without any legal basis. It has come in evidence from the prosecution side itself that the three idols were kept and worshipped at a place of worship belonging to the appellant for a period of more than ten years in the knowledge of the people of the locality. It is also found from the evidence that on the eve of Dol-Gvaras the idols were taken out in a procession. That being so the idols should have been returned to the owner/appellant-accused. In the result, appeal succeeds, the order of the appellate Court to the extent of disposal of the property is set aside, it is directed that the three idols seized from the possession of the appellant be returned to him without any delay.