Smt. Vasim Ameenuddin Vs TheState of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6074 OF 2011

ORDER:

Challenging the order dated 18.4.2011 made in Criminal M.P. No. 1053 of 2009 in Crime No. 17/ACB-CR.I/2008 on the file of the Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad, whereby, the learned Special Judge dismissed the petition filed by the petitioner under Sections 451 and 452 of Cr.P.C for return of the gold ornaments.

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Learned counsel for the petitioner submitted that during the course of search and investigation relating to Crime No. 17/ACB/CR.1/2008, the gold ornaments belonging to the petitioner were also seized by the authorities and since she required the same for the marriage of her daughter, the same may be released.

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Having heard the learned counsel for the petitioner and having perused the impugned order, this Court is of the view that the gold ornaments can be released to the interim custody of the petitioner subject to imposition of certain conditions. Further, the petitioner and the 2^nd respondent also filed affidavits dated 29.9.2011 before this Court stating that they will not dispose of or alienate the gold articles and other ornaments till the disposal of the case, which shall form part of the record.

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Hence, the Criminal Petition is disposed of with a direction to the Court below to release the gold articles seized in connection with the aforesaid crime to the interim custody of the petitioner subject to the petitioner executing a personal bond for a sum of Rs. 10.00 lakhs (Rupees Ten Lakhs Only) with one surety to the satisfaction of the Court below. Further, the petitioner is also directed to produce the gold articles as and when required by the Court below.

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JUSTICE RAJA ELANGO

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Dated :18^th October, 2011 pnb

Smt. Vasim Ameenuddin v. TheState of Andhra Pradesh

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Smt. Vasim Ameenuddin v. TheState of Andhra Pradesh

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