Case Note & Summary
The appellant, Shamshad Ahamed, was a witness (PW-122) in a criminal trial (S.C. No. 430 of 2002) involving 33 accused charged with various offences under the Indian Penal Code. The Special Judge, 35th Addl. City Civil & Sessions Judge, Bengaluru, passed an order on 10.02.2010/17.02.2010 directing the appellant to deposit Rs. 25,00,000/- before the trial court and on such deposit, to confiscate the same. Aggrieved by this order, the appellant filed a criminal appeal under Section 454 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka. The High Court, after hearing the parties, observed that the order of confiscation was without any authority of law. The court noted that the appellant was a witness and the money was deposited under a mistaken order. The court held that the trial court had no power to confiscate the amount deposited by a witness. Consequently, the High Court allowed the appeal, set aside the portion of the order directing confiscation, and directed the trial court to refund the amount to the appellant. The judgment was delivered by a division bench comprising Justice Ravi Malimath and Justice John Michael Cunha on 08.08.2017.
Headnote
A) Criminal Procedure Code - Confiscation of Property - Section 454 Cr.P.C. - Power of Appellate Court - The appellant, a witness (PW-122), was directed by the trial court to deposit Rs. 25,00,000/- and the same was ordered to be confiscated. The High Court held that the order of confiscation was without any authority of law as the money was deposited by a witness under a mistaken order and not as a fine or penalty. The appeal was allowed and the confiscation order was set aside. (Paras 1-3)
Issue of Consideration
Whether the Special Judge was justified in directing the appellant (PW-122) to deposit Rs. 25,00,000/- and confiscating the same, and whether such order is sustainable under law.
Final Decision
The High Court allowed the appeal, set aside the portion of the order dated 10.02.2010/17.02.2010 passed by the Special Judge, 35th Addl. City Civil & Sessions Judge, Bengaluru, in S.C. No. 430 of 2002 directing the appellant to deposit Rs. 25,00,000/- and confiscating the same. The trial court was directed to refund the amount to the appellant.
Law Points
- Confiscation of property
- Section 454 Cr.P.C.
- Power of appellate court
- Mistaken order
- Deposit by witness
Case Details
2017 LawText (KAR) (08) 33
Criminal Appeal No. 708 of 2010
Justice Ravi Malimath, Justice John Michael Cunha
Sri M.T. Nanaiah (Senior Counsel for appellant), Sri P. Prasanna Kumar (Special Public Prosecutor for respondent)
The State of Karnataka, Upparpet Police Station, through Central Bureau of Investigation
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Nature of Litigation
Criminal appeal against order of confiscation of money deposited by a witness.
Remedy Sought
Setting aside the portion of the order directing the appellant to deposit Rs. 25,00,000/- and confiscating the same.
Filing Reason
The appellant was directed by the Special Judge to deposit Rs. 25,00,000/- and the same was ordered to be confiscated, which the appellant challenged as being without authority of law.
Previous Decisions
The Special Judge, 35th Addl. City Civil & Sessions Judge, Bengaluru, passed an order dated 10.02.2010/17.02.2010 in S.C. No. 430 of 2002 directing the appellant to deposit Rs. 25,00,000/- and on such deposit to confiscate the same.
Issues
Whether the order of confiscation of Rs. 25,00,000/- deposited by the appellant (a witness) is sustainable under law?
Submissions/Arguments
The appellant argued that the order of confiscation was without any authority of law as the money was deposited under a mistaken order and not as a fine or penalty.
The respondent (State) opposed the appeal.
Ratio Decidendi
The order of confiscation of money deposited by a witness under a mistaken order is without authority of law. The trial court has no power to confiscate such amount as it is not a fine or penalty imposed under any provision of law.
Judgment Excerpts
Aggrieved by the order dated 10th February 2010, passed by the Special Judge, 35th Addl. City Civil & Sessions Judge, Bengaluru, in S.C.No.430 of 2002, directing the Appellant-PW-122, Shamshad Ahamed, to deposit an amount of Rs.25.00 lakhs before the trial court forthwith and on such deposit to confiscate the same, he has filed the present appeal under Section-454 of Cr.P.C.
The brief facts of the prosecution case is that, charges were framed against 33 accused for the offences under sections 225 to 260, 465, 467, 468, 471 to 475, 419 and 420 read with Section 120-B of the Indian Penal Code.
Procedural History
The Special Judge, 35th Addl. City Civil & Sessions Judge, Bengaluru, passed an order on 10.02.2010/17.02.2010 in S.C. No. 430 of 2002 directing the appellant (PW-122) to deposit Rs. 25,00,000/- and on such deposit to confiscate the same. Aggrieved, the appellant filed Criminal Appeal No. 708 of 2010 under Section 454 Cr.P.C. before the High Court of Karnataka. The High Court heard the appeal and delivered judgment on 08.08.2017.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 454
- Indian Penal Code, 1860 (IPC): 225, 260, 465, 467, 468, 471, 472, 473, 474, 475, 419, 420, 120-B
