the decision as to the disposal of the property to be taken under Section 452 Cr.P.C. includes the property which may have been converted or exchanged and anything acquired by such conversion or exchange whether immediately or otherwise. In this case, materials indicate that the gold ingot was made of gold ornaments taken away from PW2 by committing the offence. The same was properly identified by PW5, who purchased the said gold ornaments. Hence, the same would fall under sub section of Section 452 of Cr.P.C. It is also to be noted in this regard that, apart from PW2, no other persons have come forward claiming rights over MO11. In such circumstances, the order passed by the learned Sessions Judge to the extent directing confiscation of MO11 was not proper. The learned Magistrate ordered the return of the gold, including MO11, after specifically taking note of the materials placed on record, which included identification of MO11 by PW5, who deposed that after receipt of the gold ornaments, he converted some of the gold ornaments into an ingot. In the light of the above, the view taken by the learned Magistrate was correct and is to be
