Petitioner sought conversion of recovered silver and gold into deity ornaments. Court held that as the items are case property requiring exhibition for trial, final orders cannot be passed until guilt of accused is determined.
Conversion of silver and gold into deity ornaments is not allowed.
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of Shivji and Gangaji as well as crowns and necklaces were stolen by them. 7
During investigation, after the arrest of Respondent Nos. 2 to 4 gold and silver was recovered from them. As per their disclosure the silver articles were melted by them into six silver bricks. An application was filed by the Petitioners for the superdari of the said gold and silver items which application was dismissed by the learned Metropolitan Magistrate vide order dated 18th December, 2009. Aggrieved by the said order, the Petitioner filed Crl. M.C. No. 527/2009 wherein vide order dated 16th April, 2009 this Court directed the release of the gold and silver articles on superdari to the Petitioner. Thereafter the Petitioner filed an application before the learned Metropolitan Magistrate to convert the said gold and silver articles into the ornaments and the crowns of the deity which application was dismissed by the impugned order.
The case of the Petitioner before this Court is that since particularly the silver bricks were prepared by melting the jewellary, crowns etc. of the deity the Petitioner should be permitted to get them converted to the said jewellary so that they can be used for the said purpose.
Learned counsel for Respondents No. 2 to 4 opposing the said petition has stated that the Respondents are dealing in jewellary items and these CRL.MC. 115612010 Page2of 3
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bricks were purchased by them for which they have the invoices as well and the same were not melted from the stolen property. They thus oppose the conversion of the bricks to the jewellery of the deity.
The silver bricks and the gold recovered is case property which is required to be exhibited during trial. Further, any final order thereon can be passed only after determination of the guilt or innocence of the Respondent Nos. 2 to 4. Hence I am not inclined to allow the present petition.
Petition is dismissed.
MUKTA GUPTA, J.
DECEMBER 02, 2011 'vn'
CRL.MC. 115612010
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1 issue framed by the court
Whether the petitioner should be permitted to convert recovered silver bricks into deity jewellery before the guilt of respondents is determined.
Petitioner
Respondents 2 to 4
Mukta Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
