Gauhati High Court
Nihar Das vs The State Of Assam on 10 February, 2022
Page No.# 1/4
GAHC010029182021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./56/2021
NIHAR DAS
S/O LATE ROSOMOY DAS, R/O VILL-MADARTOLI, MIKIR GAON (KURKUT
BASTI), P.S.-DOBOKA, DIST-HOJAI, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR B CHANDA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 10-02-2022
Heard Mr. B. Chanda, learned counsel for the petitioner. Also heard Ms. S. Jahan,
learned Additional Public Prosecutor for the State of Assam.
2. Be it noted here that this application under Section 397/401 read with Section 482
Cr.P.C. is preferred by the petitioner, Sri Nihar Das, challenging the correctness or otherwise
of the order dated 08.12.2020 passed by the learned J.M.F.C., Hojai in Doboka P.S. Case
No.316/2020.
3. It is to be mentioned here that vide aforementioned order, the learned J.M.F.C., Hojai,
Sankardev Nagar has rejected the petition filed by the petitioner seeking custody of the
Page No.# 2/4
seized money and gold ornaments of the petitioner in connection with the aforementioned
Doboka P.S. Case No.316/2020.
4. Mr. Chanda, learned counsel for the petitioner submits that in connection with the
aforementioned Doboka P.S. Case No. 316/2020, the I.O. has seized some currency notes,
ornaments of gold, pass books, pan cards and 12 packets of playing cards from the house of
the petitioner on the basis of one F.I.R. lodged by S.I. (P) Achyut Krishna Phukan of Doboka
Police Station on 28.09.2020 in connection with Doboka P.S. G.D. No. 800 dated 27.09.2020.
5. It is further submitted that in view of judgment of the Hon'ble Supreme Court
rendered in the case of Sunderbhai Ambala Desai Vs. State of Gujarat, (2002) 10 SCC
283, the currency notes and ornaments of gold are not required to be kept in Police Station
and as such, the same may be released in the custody of the petitioner. But the learned Court
below has not released the said articles in the custody of the petitioner though he has
approached the learned Court below by filing a petition.
Therefore, it is contended to allow this petition and to release the seized articles in the
custody of the petitioner.
6. On the other hand, Ms. Jahan, learned Additional Public Prosecutor submits that
pursuant to the order of this Court dated 08.02.2022 and 23.02.2021, she has obtained one
written instruction from the I.O. concerned and in the said report, the I.O. has submitted that
seized items from Serial No.1 to Serial No.10 as mentioned in Annexure-1 are no more
required for the purpose of investigation and the other articles such as Bank Pass Books, Pan
Cards have been given in Zimma as per the order of this Court to the petitioner.
7. Ms. Jahan, learned Additional Public Prosecutor submits that in view of the judgment
of Hon'ble Supreme Court so referred by the learned counsel for the petitioner, the currency
notes and valuable articles may be released in the custody of the petitioner.
8. Having heard the submission of learned counsel of both the sides, I have carefully
gone through the petition and the impugned order passed by the learned Court below dated
08.12.2020 and also the report of the I.O. dated 31.03.2021.
It appears that the I.O. has seized currency notes of denomination of Rs.2,000 X 2
nos., Rs.500 X 164 Nos., Rs.200 X 264 Nos., Rs.100 X 1372 Nos., Rs.50 X 2260 Nos., Rs.10 X
Page No.# 3/4
5945 Nos., Rs.20 X 1911 Nos., Rs.5 X 75 Nos. and 7 Nos. of golden colour Bangles, one pair
of golden colour ear ring and prepared Seizure list vide MR No.38/2020 from the house of the
petitioner.
It also appears that as per the report of the I.O., the said articles are not required for
the purpose of investigation. It is to be mentioned here that Hon'ble Supreme Court in the
case of Sunderbhai Ambala Desai (supra) in para Nos.11, 12 and 13 dealt with the
procedure to be followed in respect of releasing the valuable articles and currency notes in
Zimma, which reads as under:-
"11. With regard to valuable articles, such as golden or sliver 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 Section
451 Cr.P.C. at the earliest.
12. For this purposes, 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.
13. For this purpose, the Court may follow the procedure of recording such
evidence, as it thinks necessary, as provided under Section 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 or such articles are attested or countersigned 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 Section 451 Cr.P.C. to impose any other appropriate condition."
9. Since the aforementioned seized currency notes and ornaments of gold are no longer
required for the purpose of investigation and since no purpose will serve by keeping the same
at the Police Station, it is provided that the currency notes be released in the custody of the
petitioner on his execution of a bond of like amount and the ornaments of gold be released
Page No.# 4/4
on his executing a bond of Rs.50,000/- (Rupees fifty thousand) before the Court of learned
J.M.F.C., Hojai, Sankardev Nagar.
10. Learned J.M.F.C., Hojai, Sankardev Nagar will be at liberty to impose further condition
while releasing the aforesaid articles in the custody of the petitioner. The petitioner shall
produce the same before the learned Court below whenever directed.
11. In terms of above, the present petition stands disposed of at the motion stage itself.
JUDGE
Comparing Assistant
