Case Note & Summary
The petitioners, Ranjitji Gambhirji Thakur and Mitesh Chandrakant Patel, filed a Criminal Writ Petition before the Bombay High Court challenging the orders of the Magistrate and the Additional Sessions Judge rejecting their application under Section 457 of the Code of Criminal Procedure, 1973 (CrPC) for interim custody of Rs. 22 lakhs in currency notes seized from petitioner No. 1. The currency was seized on 21/12/2015 by the Railway Police Protection Force at Bhusawal railway station on suspicion, as petitioner No. 1 could not give satisfactory answers about the source of the money. An FIR was registered under Sections 41 and 102 of CrPC, but no specific offence was mentioned. The petitioners claimed the money belonged to their business and sought its release. The Magistrate rejected the application, and the Sessions Court upheld that order. The High Court, after hearing arguments, found that the seizure was not linked to any cognizable offence, and the police had not produced any material to show that the money was required for investigation. The court held that the person from whom property is seized is entitled to its return if no offence is made out. The court set aside the impugned orders and directed the release of the currency to the petitioners on certain conditions, including furnishing a bond and surety.
Headnote
A) Criminal Procedure - Interim Custody of Seized Property - Section 457 CrPC - Release of Currency Notes - Petitioners sought release of Rs. 22 lakhs seized from petitioner No. 1 during a railway check, as no link to any offence was established - Court held that when seizure is not linked to any offence, the person from whom property is seized is entitled to its return - Held that the courts below erred in rejecting the application without considering that no offence was made out against the petitioners (Paras 5-7).
Issue of Consideration
Whether the petitioners are entitled to interim custody of the seized currency under Section 457 of the Code of Criminal Procedure, 1973, pending trial.
Final Decision
The High Court allowed the petition, set aside the impugned orders, and directed the release of the seized currency of Rs. 22 lakhs to the petitioners on conditions: petitioners to furnish a bond of Rs. 22 lakhs with one surety, and to produce the currency as and when required by the trial court.
Law Points
- Section 457 CrPC
- interim custody of property
- burden of proof on prosecution
- release of seized currency
