Petitioner sought interim custody of gold ingots recovered on her theft complaint; Magistrate refused for lack of proof of ownership. High Court set aside the order, holding recovery pursuant to the complainant's complaint suffices for interim custody, and directed release subject to bond, panchanama and undertaking conditions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
CRL.MC NO. 3259 OF 2021
CRIME NO.263/2019 OF ELAMAKKARA POLICE STATION, ERNAKULAM AGAINST THE ORDER DATED 17/02/2021 IN CMP NO.175/2021 IN CC NO.830 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, ALUVA
PETITIONER:
C.K.SHERIN AGED 52 YEARS,W/O.SHAJI, NEDUMGAKULAM HOUSE, 50/622, MANIMALA ROAD, EDAPPALLY, ERNAKULAM - 682 024. BY ADVS. SMT.AMRIN FATHIMA SMT.SINCY JACOB
RESPONDENT:
STATE OF KERALA REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SMT.SREEJA V., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON 06.03.2024 PASSED THE FOLLOWING:
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Crl.M.C. No.3259/21
BECHU KURIAN THOMAS, J.
Crl.M.C. No.3259 of 2021
Dated this the 6th day of March, 2024
ORDER
Petitioner challenges an order rejecting her application under section 451 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') refusing to grant interim custody of gold ornaments.
Crl.M.C. No.3259/21 -:3:-
The learned Magistrate also observed that what was seized by the police was an oval-shaped gold plate weighing 900 mg and a small ball-shaped gold having a weight of 1 gm and one gold nugget having a weight of 4.4 gm which are in the form of gold ingots and not ornaments. It was held that no purpose would be served by granting interim custody since the petitioner will not be able to convert the gold ingots into ornaments until the trial is over.
Gujarat (2002) 10 SCC 283, the Supreme Court had observed that retaining valuable articles, such as gold, in police custody for years till the trial is over does not serve any purpose. It was also observed that if the material on record indicates that the articles belong to the complainant, the seized articles can be handed over upon appropriate conditions. In the decision in Ashok Kumar v. State of Kerala 2012 SCC OnLine Ker. 21541 a learned Single Judge of this Court had, after referring to Sunderbhai Ambalal's case (supra) held that even gold ingots can be released on obtaining sufficient security and undertaking by imposing conditions.
Crl.M.C. No.3259/21 -:4:-
petitioner, and the crime itself was registered on the basis of the said complaint. Therefore the recovery of gold ingots/articles is directly connected with the crime registered at the behest of the petitioner. Though it may be difficult to produce records to show that the gold ingots belonged to the petitioner, I am of the view that since the gold has been recovered on the basis of the complaint of the petitioner, the same is a sufficient material atleast for the purpose of granting interim custody of the said articles. As observed in Sunderbhai Ambalal's case (supra), no purpose would be achieved by retaining the gold or valuable articles in court until the trial is over.
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Crl.M.C. No.3259/21
(iii) An undertaking shall be filed by the petitioner in the form of an affidavit before the Magistrates Court, stating that she shall not convert the gold ingots into ornaments or transfer or sell or in any manner part with the possession of the gold ingots until
further orders from the jurisdictional court.
The Crl.M.C. is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
vps
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Crl.M.C. No.3259/21
APPENDIX
PETITIONER'S/S' ANNEXURES
ANNEXURE A1 A TRUE COPY OF CRL.M.P.NO.175/2021 IN CRIME NO.263/2019 OF ELAMAKKARA POLICE STATION IN C.C.NO.830/2019 FILED BY THE PETITIONER BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT II, ALUVA. ANNEXURE A2 CERTIFIED COPY OF ORDER DATED 17/02/2021 IN CMP NO.175/2021 IN CRIME NO.263/2019 IN C.C.NO.830/2019 OF THE COURT OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE II, ALUVA. ANNEXURE A3 TRUE COPY OF THE CERTIFIED COPY OF THE FIR IN CRIME NO. 263/2019 OF ELAMAKKARA POLICE STATION. ANNEXURE A4 TRUE COPY OF THE CERTIFIED COPY OF THE FIS GIVEN BEFORE THE SI OF POLICE, ELAMAKKARA POLICE STATION.
1 issue framed by the court
Whether interim custody of seized gold ingots can be granted to the complainant when ownership documents are absent.
Colour shows how this judgement treated each authority
Sunderbhai Ambalal Desai v. State of GujaratRelied on
(2002) 10 SCC 283 · Who else cites this
Ashok Kumar v. State of KeralaRelied on
2012 SCC OnLine Ker. 21541 · Who else cites this
1 provisions across 1 enactments
C.K.Sherin
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
