Special Leave Petitioner appeals an order declining release of seized cash. Court finds cash was only for Jama Talashi and not case property, directing release to the appellant.
Directing the trial Court to release the currency notes to the appellant upon due identification.
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Date of decision: 3rd September, 2015
Gurwinder Kaur
� Appellant
Versus
State of Punjab
� Respondent
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Mr. R.S. Randhawa, Addl. Advocate General, Punjab.
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Appellant Gurwinder Kaur has come up in this appeal preferred in terms of Section 454 Cr.P.C. seeking setting aside of an order dated 10.04.1994 passed by the learned Special Judge, Sangrur in case bearing FIR No.18 dated 10.01.2011 under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station City Sangrur declining her prayer for release of currency notes amounting to �48,500 taken into custody by way of Memo dated 11.01.2011 at the time of her search by ASI Surinder Pal Singh.
The lone contention raised by Mr. Sarwinder Goyal, Advocate representing the appellant that the currency notes do not
RATTAN PAL SINGH 2015.09.16 15:16 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court
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form part of the case property and that the impugned order as such is untenable could not be opposed on behalf of the State by Mr. R.S. Randhawa, Addl. Advocate General, Punjab.
Appreciating these submissions, nowhere during the trial of the case as well as in the judgment dated 09.05.2013 passed by the Court of learned Special Judge, Sangrur in case bearing RBT No.28 dated 15.01.2013, it stands reflected that these currency notes are in any manner subject matter of the case property or are sale proceeds of the contraband so alleged to have been recovered from the possession of the appellant.
Since admittedly and as is established on the records, these currency notes are only articles of Jama Talashi and necessitates their return to their legitimate owner, the present appellant, from whom they have been recovered. As the matter stands decided vide judgment dated 09.05.2013 and even therein there is no order pertaining to this money, impels this Court to allow the present appeal thereby directing the trial Court to release the currency notes in question to the appellant as per rules upon due identification and as per law. Records be sent back.
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RATTAN PAL SINGH 2015.09.16 15:16 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court
1 issue framed by the court
Whether the currency notes seized during the search form part of the case property or contraband proceeds.
2 provisions across 2 enactments
Gurwinder Kaur
State of Punjab
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
