Criminal Application (Apl) No.491 of 2014

8th October, 2014.

Petitioner Counsel: Shri S.V. MANOHAR, Shri N.A. GAIKWAD
Respondent Counsel: Shri M.J. KHAN

JUDGMENT

JUDGMENT :- Admit. Heard finally by consent of learned Counsel for both the sides.

2. By this criminal application, the applicant/ accused in Crime No.112/2012 registered by Police Station, Sitabuldi, Nagpur for the offences punishable under Sections 406, 409, 465, 468, 471, 192, 196 and 120-B of Indian Penal Code has prayed for release of muddemal property consisting of his documents and cash of Rs.15,05,000/- seized by the Police on 27/3/2012 from his Office and house under seizure panchanamas placed at pages 16 and 23 of the criminal application.

3. Shri Manohar, learned Senior Counsel appearing for the applicant, submits that initially similar application was filed being Criminal Application No. 403/2012 before this Court. However, same was withdrawn by the applicant as at that stage, statement was made on behalf of prosecution that Investigating Officer would file charge-sheet within a short time and while granting leave to withdraw the said criminal application, liberty was granted to the applicant to file a fresh application when charge-sheet is filed. It is submitted that till date, no charge-sheet is filed by the non-applicant.

4. Shri Manohar, learned Senior Counsel for the applicant, further states that the muddemal articles claimed on supratnama and which are listed in both the panchanamas effected at the office and house of the applicant on 27/3/2012 shall not be disputed at the time of trial. It is also submitted that the articles seized in this crime are related to business of the applicant and as such, are required by him to carry on his day to day business activities, which are otherwise put to standstill for want of these articles seized by the Police.

5. The aforesaid order permitting applicant to withdraw Criminal Application No.403/2012 appears to be passed on 23/8/2012. In spite of the same, no charge-sheet is filed in the said crime till today. The Investigating Officer Shri S.P. Madare is present in the Court and on his instructions, learned Additional Public Prosecutor makes a statement that muddemal articles seized in the above said crime from the office and residential premises of the applicant under seizure panchanamas may be released on supratnama by imposing suitable conditions upon the applicant.

6. Having considered the fact that no charge-sheet is yet filed and in view of the statement made on behalf of prosecution as stated above, the criminal application is liable to be allowed. However, it is necessary to note that as per additional reply filed by the prosecution on record, it is stated that cash amount of Rs.15,05,000/- which was seized during the course of investigation in this crime, came to be misappropriated while it was in Malkhana of Sitabuldi Police Station and in respect of said misappropriation, offence is registered vide Crime No.59/2014 on 5/2/2014 under Section 409 of Indian Penal Code on the basis of complaint of Jayendra Bhoyar, PSI, Sitabuldi Police Station. Copy of first information report is also annexed with the additional affidavit-in-reply of the respondent.

7. In that view of the matter, Shri Manohar, learned Senior Counsel for the applicant, makes a statement that applicant shall take recourse to remedy available under law with regard to misappropriation of muddemal cash as stated above. In view of the said statement, I do not find it necessary to pass any order with reference to the said amount claimed on supratnama.

8. In view of the facts as stated hereinabove, rest of the muddemal properties as mentioned in both the seizure panchanamas can be released on supratnama of the applicant by imposing following conditions :

(i)The Investigating Officer shall draw a detailed panchanama of all the documents, which are in the form of Bank pass-books and cheque books mentioning serial numbers of cheques used in the cheque books as well as unused cheques and shall also state details of various ATM cards along with their numbers and if found necessary, instead of repeating the details in the panchanama to be drawn at the time of handing over muddemal property on supratnama to the applicant, may attach copies of both the seizure panchanamas vide which the property came to be seized from the office and residential premises of the applicant on 27/3/2012.

(ii)The applicant shall not dispose of any of the aforesaid articles including Laptops, pending trial. However, for the purpose of his business, etc. the applicant may use the unused cheques from the cheque books returned back on supratnama and various agreements entered into by the applicant with various parties, which are referred in both these panchanamas. However, while complying with all or any of those agreements, the applicant shall maintain documents thereby establishing manner in which those agreements came to be utilized and shall prepare record thereof.

(iii)The applicant on his acting upon any such agreement shall inform in writing about the transaction made by him based on such agreement till chargesheet is filed to the Investigating Officer, who in turn shall inform the concerned Court and on filing of charge-sheet, the applicant shall communicate such facts to the concerned Court.

(iv)The Investigating Officer, if found necessary, may obtain photographs/photo-copies of the muddemal articles as described in both the panchanamas before handing over the same to the applicant on supratnama.

(v)The applicant after obtaining custody of muddemal articles as stated in both the seizure panchanamas dated 27/3/2012 shall place on record their photo-copies/photographs.

(vi)The muddemal lap-tops and computers are directed to be placed in custody of applicant as on instructions, learned Additional Public Prosecutor has made a statement that nothing incriminating came to be found in the Lap-tops and computers concerning the crime involved.

9. The criminal application is disposed of in the above terms. The Investigating Officer to take necessary steps and comply with this judgment within a period of one week from today. No order as to costs.

A copy of this judgment be given to the learned Additional Public Prosecutor for the non-applicant.

Ordered accordingly.