Rajasthan High Court - Jodhpur
Gopi Lal vs State Of Rajasthan (2024:Rj-Jd:38780) on 19 September, 2024
[2024:RJ-JD:38780]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3489/2024
Gopi Lal S/o Shri Mishri Lal, Aged About 58 Years, R/o Devli
Kalan, Police Station Jaitaran, Dist. Pali And Presently R/o Kudi
Bhagtasani Sector - 1, Police Station Mahila Thana, Jodhpur.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Keshar Singh Chouhan.
For Respondent(s) : Mr. HS Jodha, PP.
HON'BLE MR. JUSTICE ARUN MONGA
Order
19/09/2024
1. Under challenge before this Court is an order dated
18.02.2022 passed by the learned Additional Judicial Magistrate,
Jaitaran, District Pali, in application under Section 457 of Cr.P.C.,
pursuant to FIR No.416/2021, dated 23.09.2021 under Section
457 and 380 of IPC, registered at Police Station Jaitaran, District
Pali. Vide impugned order, releasing of silver articles I.e. anklets,
two bengals, glass, three rings and two earrings, have been
declined.
2. Learned counsel for the petitioner submits that he is the
owner of the articles in question. Same have been seized by the
Police Officers. Petitioner being the owner is best entitled to get it
back on Supurdari.
3. Learned Public Prosecutor opposes the instant criminal Misc.
petition on the ground that the same is case property.
[2024:RJ-JD:38780] (2 of 3) [CRLMP-3489/2024]
4. Reference may be had to judgment rendered by a Coordinate
Bench of this Court in Mana Ram Vs. State of Rajasthan: S.B.
Criminal Revision Petition No.961/2022, decided on
22.08.2022.
5. Reference may also be had to another judgment rendered by
Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai
Vs. State of Gujarat, reported in (2002) 10 SCC 283. The
relevant paragraphs thereof are as follows:-
"11. 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 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 of 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."
6. In the premise, the trial court is directed to release aforesaid
articles in-question on Supurdaginama in favour of petitioner
subject to the petitioner furnishing superdari bonds to the
satisfaction of the learned trial court.
7. It is further directed that articles be released on interim
custody till conclusion of the trial provided the petitioner furnishes
a Supurdarinama and surety of like amount to the satisfaction of
[2024:RJ-JD:38780] (3 of 3) [CRLMP-3489/2024]
the learned court below. Needless to say, learned trial court shall
verify the ownership of the article in question.
8. Disposed of accordingly.
(ARUN MONGA),J
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