Karnataka High Court
Shri.Niyaj @ Nijam Dastageer Beg vs The State Of Karnataka on 3 July, 2023
Bench: Anil B Katti
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CRL.A No. 100052 of 2020
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL APPEAL NO. 100052 OF 2020 (A-)
BETWEEN:
SHRI.NIYAJ @ NIJAM DASTAGEER BEG
AGE: 20 YEARS, OCC: MASON WORK,
R/O: PRAKASH NAGAR, SADALAGA,
TQ: CHIKKODI, DIST: BELAGAVI.
...APPELLANT
(BY SRI. S. B. DEYANNAVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH NIPPANI CIRCLE CPI NIPPANI,
BELAGAVI DISTRICT,
R/BY STATE PUBLIC PROSECUTOR
HIGH COURT BENCH DHARWAD.
Digitally
signed by J ...RESPONDENT
MAMATHA
J
MAMATHA Date: (BY SRI. PRAVEEN UPPAR, HCGP)
2023.07.06
11:07:27 -
0700
THIS CRIMINAL APPEAL IS FILED U/S 454 OF CR.P.C., PRAYED
THAT CALL FOR THE RECORDS PENDING ON THE FILE OF III ADDL.
DIST AND SESSIONS JUDGE BELAGAVI IN SC NO. 269/2019,
EXAMINE THE GENUINELY OF THE CASE AND RELEASE SEIZED
ARTICLES IN PF NO. 29/2019 DATED 20.06.2019, ARTICLE NO. 1
AND 2, NAMELY HONDA DEO SCOOTER NO. KA-23-ET-0984, AND
M.I. COMPANY SCREEN TOUCH MOBILE PHONE IN FAVOUR OF
APPELLANT/ACCUSED.
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CRL.A No. 100052 of 2020
THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The matter is listed for admission. However, with the
consent of learned counsel for the appellant and learned HCGP
for respondent, matter is taken up for final disposal.
2. The appellant feeling aggrieved by order passed by the
trial Court on the file of III Addl. District and Sessions Judge &
Special Court under POCSO Act, 2012 at Belagavi in
SC.No.269/2019, dated 09.10.2019, questioning the
confiscation order of Articles 1 and 2, which is subject matter
under P.F.No.29/2019, dated 02.06.2019.
3. Appellant/accused was tried before the trial Court
on the file of III Addl. District and Sessions Judge and Special
Court under POCSO Act, 2012, at Belagavi, in Sessions Case
No.269/2019 for the offences punishable under Sections
366(A), 376(1)(2)(i) IPC and Section 4 of POCSO Act, 2012.
The trial Court after appreciation of evidence on record has
acquitted accused from the charges levelled against him by
judgment dated 09.10.2019. The trial Court in the aforesaid
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CRL.A No. 100052 of 2020
judgment has confiscated article Nos.1 and 2 subjected under
P.F.No.29/2019 dated 20.06.2019 forfeiting to government
after the appeal period is over.
4. It is the contention of appellant that when trial
Court has acquitted accused from the charges levelled against
him, it was not justified in confiscating article Nos.1 and 2
subjected under P.F.No.29/2019 dated 20.06.2019 to the State
Government. In fact, the same should have been ordered to be
released to accused.
5. Per contra, learned High Court Government Pleader
submits that no fault can be found with the trial Court in
confiscating article Nos.1 and 2 by the trial Court.
6. Learned counsel for appellant relies on the
judgment of Orissa High Court in BAIKUNTHA NATH
MAHANTA VS. STATE OF ORISSA dated 11.08.2000 wherein
it has been observed and held that:
"Appellant who faced trial before the Sessions
Judge has been acquitted of the charge under Section
307 of IPC as prosecution failed to establish the
charge. Therefore, in the absence of any evidence to
show that gun was used in the commission of an
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CRL.A No. 100052 of 2020
offence or that regarding the gun any offence has
been committed it will be illegal to deprive the
appellant from the possession of the same."
Therefore, the Orissa High Court having so observed has
set aside the confiscation order and ordered to release the gun
to the appellant.
7. It is also profitable to refer to the co-ordinate bench
judgment of this Court in RANGAPPA S/O KALLAPPA
KICHADI VS. THE STATE OF KARNATAKA (CRIMINAL
APPEAL No.100011/2022 disposed of on 04.03.2022)
based on the judgment of Hon'ble Apex Court in ABDUL
VAHAB VS. STATE OF MADHYA PRADESH in Criminal Appeal
No.340/2022 arising out of (SLP (Crl.) No.8964 of 2019) which
held as under:
"21........The confiscation of the appellant's truck
when he is acquitted in the Criminal prosecution,
amounts to arbitrary deprivation of his property and
violates the right guaranteed to each person under
Article 300A. Therefore, the circumstances here are
compelling to conclude that the District Magistrate's
order of Confiscation (ignoring the Trial Court's
judgment of acquittal), is not only arbitrary but also
inconsistent with the legal requirements."
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CRL.A No. 100052 of 2020
This Court having relied on the aforesaid observation of
the Hon'ble Apex Court has set aside the confiscation order and
directed to release the seized truck in favour of the appellant.
8. In another judgment of the Hon'ble Apex Court in
NAIZ AHMED VS. STATE OF U.P. AND ANOTHER [1994
SUPP. (3) SCC 356 has held as under:
"Section 452 of Cr.P.C. - Auction of a truck
seized in connection with a theft - Thereafter criminal
proceedings ending in favour of the accused from
whom the truck was seized and the truck directed to
be returned to the accused - Held, auction-purchaser
has no right to claim the truck."
Therefore, in view of the aforementioned judgments and
the principles enunciated therein, the trial Court was not
justified in ordering for confiscation of article Nos.1 and 2
subjected under PF No.29/2019 dated 20.06.2019 to the
government particularly when accused was acquitted after trial
of the case. Therefore, interference of this Court is required.
Consequently, proceed to pass the following:
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CRL.A No. 100052 of 2020
ORDER
Appeal filed by the appellant/accused is hereby allowed.
The order of trial Court on the file of III Addl. District and
Sessions Judge and Special Court under POCSO ACt, at
Belagavi, in S.C.No.269/2019 dated 09.10.2019 in so far as
confiscation of article Nos.1 and 2 subjected under PF
No.29/2019 dated 20.06.2019 is set aside.
The said article Nos.1 and 2 are ordered to be released to
appellant/accused in accordance with law.
(Sd/-)
JUDGE
VB-paragraphs 1 and 2,
JM-from paragraphs 3 till end
