Purchase stolen phone in good faith
Jeevan
(Querist) 02 January 2017
This query is : Resolved
I have purchased a phone from OLX along with original bill which I thought was sufficient to prove rightful ownership.
Today I got a call from police station that the phone was stolen and to return the phone.
I have entire olx conversation with seller.
I won't mind returning the phone but will there be any charges on me? What precautions I need to take?
Please help.
Thanks
Adv. Yogen Kakade
(Expert) 02 January 2017
while returning the phone, present a written application to the police mentioning the facts of the transaction. Get the acknowledgment on the copy of the application from the police station. Keep all the evidences ready with you if required in future for your defense.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883
Jeevan
(Querist) 02 January 2017
Thank you sir, do I keep original cash memo with me or submit it to police? Any charges on me possible?
Kumar Doab
(Expert) 02 January 2017
While you submit as rightly advised by expert Mr. Yogen Kakade you may add that action against the seller may be taken and your hard earned money be returned.
The PS should affix its seal and diary number and date on copy of your submission.
Obtain copy of complaint from PS by hand or thru RTI.
You can also obtain your submission and attachments e.g; BIll thru RTI.
Rajendra K Goyal
(Expert) 02 January 2017
Purchasing and using stolen item is crime.
However, you may proceed as advised by the experts.
Sudhir Kumar, Advocate
(Expert) 03 January 2017
My humble views are fully different.
You are liable for prosecution. You procured a stolen property and found with the same.
unnecessary arguments with the police and they are justified in arresting you and seeking your remand and compelling you to lead to the thief.
In any case you are not having any title on this property.
Police may just take phone from you and may at the most prepare panchnama, unless interested in framing you.
Jeevan
(Querist) 03 January 2017
Thanks Mr Sudhir, phone was handed over to police. They are still preparing panchnama and want me to sign once ready.
Rajendra K Goyal
(Expert) 03 January 2017
You may revert in case of any new development.
Kumar Doab
(Expert) 03 January 2017
You must have submitted the original bill handed over to you, entire OLX conversation also.
Sudhir Kumar, Advocate
(Expert) 03 January 2017
let the bill and conversation recording be also there in panchnama. If not now then later.
Kumar Doab
(Expert) 03 January 2017
You may act on the advise of Mr. Sudhir Kumar.
He has posted in such matters and your matter in detail and has handled vigilance matters and posted extensively on such matters at LCI.
Jeevan
(Querist) 07 January 2017
Dear Sirs,
Yesterday night I got a call from police that they are presenting thief to court and need my signature on panchnama/mahzar. However I am travelling with family and police is mandating me to come and sign as they have to produce him to the court today. I requested them to take my sign after my return but not listening to me - they are asking me to send someone on my behalf which is also not possible as no one like to get involved in such matter.
Police has other witnesses too as they recovered many phones/laptops/other valuables which thief sold to other people on olx
What could happen since I am not available.
Rajendra K Goyal
(Expert) 07 January 2017
There is possibility that police may arrest you and present before the court.
Discuss with local lawyer and try for anticipatory bail if there seems any such chances.
