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2016 DIGILAW 3608 (PNJ)

RANBIR SINGH v. STATE OF HARYANA

2016-12-22

M.M.S.BEDI

body2016
ORDER : M.M.S. BEDI, J. 1. Complainant has filed this application for release of currency notes of Rs. 85,000/- in the denomination of Rs. 500/- which amount was allegedly paid and recovered from convict-appellant Ranbir Singh as illegal gratification. 2. Through instant application, the complainant has raised an apprehension that in case the amount of Rs. 85,000/- which is in the denomination of Rs. 500/- currency notes is not converted by depositing the same in Bank within the stipulated period pursuant to the recent notification dated 08.11.2016 regarding demonetization, the applicant will not be able to get the amount exchanged and will be deprived of his property. 3. No opinion can be expressed regarding the effect of notification dated 08.11.2016 especially when in this context the matter is pending before the Apex Court in Vivek v. Union of India, Writ Petition No. 906 of 2016. 4. Since the applicant will suffer an irreparable loss on account of having been denied a right vested in him for conversion, I deem it appropriate and expedient, in the interest of justice, to exercise jurisdiction under Section 482 Cr.P.C read with Section 452 Cr.P.C for delivery of the case property i.e. currency notes amounting to Rs. 85,000/- in the denomination of Rs. 500/- to the complainant subject to the condition that certified copy of the currency notes/bundles would be prepared and retained on the record before releasing the same to the complainant so that the same may be used in case required at the time of final adjudication of the appeal. 5. If possible, the coloured photocopy of the case property be retained. 6. It is made clear that if the case property is voluminous and is in bundles, it will be sufficient enough to retain photocopy of the bundles. 7. The attested copy retained in the record would be deemed to be certified copy under Section 76 of the Indian Evidence Act and would be deemed to be relevant for consideration for the purpose of appreciation of evidence. 8. The applicant will retain the document of deposit of the currency notes in his account and will produce the certified copy of the same before the Registry of this Court. 9. 8. The applicant will retain the document of deposit of the currency notes in his account and will produce the certified copy of the same before the Registry of this Court. 9. In case, the case property has not been received in the High Court till date, in that situation, the present order will be deemed to be an order effective on the Registry/office of the District and Sessions Judge, Karnal. 10. The miscellaneous application is disposed of accordingly. Order be uploaded forthwith on the internet.