Mohd. Hameed Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 8813 MP

      THE HIGH COURT OF MADHYA PRADESH
                      CRA. No. 9277/2018
           (Mohd. Hameed Khan Vs. State of M.P. )
                                                                 1

Jabalpur, Dated : 14 / 12/ 2021
      Shri Amit Verma, learned counsel for the appellant.
      Shri Abhijeet Awasthi, learned counsel for the respondent /

Lokayukta.

Heard on IA No. 3591/2021 which is an application for returning of ornaments (gold and silver jewellery) and foreign currencies seized by the Special Police Establishment, Lokayukta Bhopal in crime No. 29/2003 registered at Police Station Special Police Establishment, Lokayukta Bhopal to the appellant.

Learned counsel for the appellant submitted that during the investigation of crime No. 29/2003 official of Special Police Establishment, Lokayukta Bhopal seized gold and silver ornaments (as mentioned in Annexure A-2) and also seized foreign currency (as mentioned in Annexure A-3). After the investigation of the crime, the charge sheet was filed by the police before Special Judge, Bhopal. On that charge-sheet Special Case No. 23/2004 was registered which was decided by the trial court vide judgment dated 30/10/2018. In the judgment learned trial court directed that the seized ornaments (the gold and silver jewellery) and foreign currencies be returned to the appellant after two months. The Lokayukta has not filed any appeal against that finding of the learned trial court. So, the seized ornaments and foreign currencies be returned to the appellant.

Learned counsel for the respondent / Lokayukta oppose the prayer and submitted that the seized property was unaccounted property which was acquired by the appellant by unfair means. So, it should not be returned.

Learned trial court in its judgment clearly directed that the seized ornaments and foreign currencies be returned to the THE HIGH COURT OF MADHYA PRADESH CRA. No. 9277/2018 (Mohd. Hameed Khan Vs. State of M.P. )

appellant after two months. Respondent / Lokayukta has not filed any appeal against those findings of the trial court. So, the IA No. 3591/2021 is allowed and it is directed that the gold and silver ornaments (as mentioned in Annexure A-2) and foreign currency (as mentioned in Annexure A-3) seized by the Special Police Establishment, Lokayukta, Bhopal in crime No. 29/2003 be returned to the appellant, on furnishing Supurdnama and one surety of the amount as directed by the trial court, that he shall produce the gold and silver ornaments and foreign currency as and when required during the pendency of the appeal and shall not alienate the same during the pendency of the appeal.

Since the appeal has already been admitted vide order dated 11.12.2018, list the case for final hearing in due course.

Office is directed to send a copy of this order to the trial Court for necessary compliance.

                                                               (Rajeev Kumar Dubey)
     sarathe                                                         Judge




Digitally signed by
NAVEEN KUMAR
SARATHE
Date: 2021.12.15
11:07:18 +05'30'