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2005 DIGILAW 830 (KAR)

VENKATARAGHAVAN v. STATE OF KARNATAKA

2005-12-12

MOHAN M.SHANTANAGOUDAR

body2005
( 1 ) HEARD Sri Hasmath Pasha, learned counsel appearing for the petitioner, sri Satish R. Giriji, learned Government pleader appearing for the 1st respondent and sri A. Rama Mohan, Advocate appearing for the 2nd respondent and perused the material on record. ( 2 ) BY the impugned orders, the Court below has directed that the amount of Rs. 1,70,000/- seized by police during investigation be returned to Smt. Shashi Prabha-respondent No. 2 herein. However, while doing so, the Court below has directed the concerned advocates, public prosecutor, complainant and the accused to be present before the Investigating Officer in the police station for disbursement of the currency notes. The petitioner is aggrieved by the second direction issued by the trial Court that the advocates, public prosecutor, complainant and accused shall be present before the police station. Learned counsel for the petitioner fairly submits that he does not dispute that the respondent No. 2 is entitled to interim custody of the seized currency notes. ( 3 ) THE Apex Court in the case of sunderbhai Ambalal Desai v. State of gujarat (ILR (4) 2003 Kar 2244) : ( AIR 2003 sc 638 ), while dealing with the similar matter regarding interim custody of the currency notes and valuable articles, has ruled thus :"para 8 : Valuable Articles and Currency with regard to valuable articles, such as golden or silver 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 S. 451, Cr. P. C. at the earliest. For this purpose, 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. For this purpose, the Court may follow the procedure of recording such evidence, as it thinks necessary, as provided under S. 451, Cr. For this purpose, the Court may follow the procedure of recording such evidence, as it thinks necessary, as provided under S. 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 of such articles are attested or counter-signed 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 S. 451, Cr. P. C. to impose any other appropriate condition. 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 keep in police custody, it would be open to the SHO after preparing proper panchanama 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. "from the aforesaid dictum laid down by the Apex Court, it is clear that the seized currency notes be handed over to the complainant after (a) getting detailed proper panchanama prepared of such articles, (b) taking photograph of such currency notes and (c) after taking proper security. Even additional conditions may be imposed while releasing the materials, depending on the facts of the case. ( 4 ) THE aforesaid conditions in this case, shall have to be followed by the trial Court while releasing the amount in question as the property in question is in the Court's custody. The currency notes in question shall be given to appropriate interim custody, by the trial Court itself. For the said purpose, the advocates, public prosecutor, complainant and the accused need not go to the police station inasmuch as Investigation Officer has no role to play in disbursement of currency notes in question which are submitted to Court below, under property form. For the said purpose, the advocates, public prosecutor, complainant and the accused need not go to the police station inasmuch as Investigation Officer has no role to play in disbursement of currency notes in question which are submitted to Court below, under property form. Thus, the direction issued by the trial Court that the advocates, public proecutor, complainant and the accused shall approach the police station, is liable to be set aside. In view of the same, the orders dated 26-7-2005, 28-9-2005 and 30-9-2005, passed by the Fast Track Court-VI, bangalore, in S. C. No. 99/2005, have to be suitably modified. Hence, the following order is made: the seized currency notes shall be handed over to the respondent No. 2-Smt. Shashi prabha personally by the Presiding Officer of trial Court after, (a) getting detailed proper panchanama prepared of such notes. The detailed panchanama of the currency notes in question should be drawn by the registrar of the City Civil and Sessions court, Bangalore in the presence of two panchas and in the actual and phsyical presence of the Presiding Officer of the trial court. (b) taking photograph of such currency notes at the expense of State. The photographs of such notes shall be taken in the presence of Registrar of City civil and Sessions Court, Bangalore and the same shall be preserved by the trial Court to be marked during trial. The trial Court should see that photographs of currency notes are attested or counter signed by the accused and respondent No. 2 herein (complainant), the Registrar of City Civil and sessions Court and two panchas. (c) after taking self bond to the extent of about Rs. 2 lakhs from complainant with one surity for the like sum. With the aforesaid directions, criminal petition is disposed of. Order accordingly. --- *** --- .