Confiscation of original documents
Bhikham Saini
(Querist) 30 January 2013
This query is : Resolved
Six of My relatives sold away our anscestral undivided property to three buyers making out forged documents and were booked under 420,467,468,471 and 120-B.
The Investigation was conducted by 05 Investigation Officers ranging from ASI to Addl.SP.Eight of the accused have been arrested and 07 (seven) have been granted Bail u/s,439 IPC, the eigth accused is awaiting bail hearing at High Court.
Two of the accused are absconder and face arrest though they are trying to seek AB.
Most interestingly, there have been six sets of forged, false sale agreements and which are supposed to be with any of the three buyers,but none of the documents have been recovered from the buyers or any one.
The advocate of the buyers openly flaunt in the police station as well as in court that he has all these original papers in his possession and in absence these documernts he will not allow the trial to stand for a day even and the case shall be dropped.
Please tell me:
01. what can I do in such a case where it is/was the duty of the police to do so.
02. Do I stand to loose the trial and the case if police do not recover the original documents.
03.How can I make police to recover them, if they do not wish to do so for any reason?
04. what steps can I take against police for their intentional non-jabti?.
05. Please elaborate on the issue?
Nadeem Qureshi
(Expert) 31 January 2013
Dear Querist
section 94. Search of place suspected to contain stolen property, forged documents, etc.
(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorize any police officer above the rank of a constable-
(a) to enter, with such assistance as may be required, such place,
(b) to search the same in the manner specified in the warrant,
(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies,
(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety,
(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.
(2) The objectionable articles to which this section applies are-
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 1962);
(c) counterfeit currency note; counterfeit stamps;
(d) forged documents;
(e) false seals;
(f) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);
(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).
feel Free to Call
Nadeem Qureshi (Advocate)
email: nadeemqureshi1@gmail.com
web: nadeemqureshi498a.webs.com
Mob: +91 9953809956
+91 8802305262
R.K Nanda
(Expert) 31 January 2013
contact local lawyer.
Raj Kumar Makkad
(Expert) 01 February 2013
Nadeem has told about the right of the court or DM or SDM but not about the police as you asked in your query.
The plea of the lawyers of the accused has no force of law and moreover, such persons can also be taken as accused persons. Police has every power to issue a notice under section 160 of Criminal procedure code to such persons and moreover, police can obtain the copies of the sale deeds from the office of registrar and can move ahead.
bail can also be strongly resisted on this ground that the original sale-deeds/sale agreements have yet to be recovered from the accused persons and that they are not assisting in the investigation.
Also file civil suits.
Sudhir Kumar, Advocate
(Expert) 09 February 2013
Better engage your won lawyer also.
If you are sure that fraud is committed then should not be raising your BP on the out of court claims made by defence counsel. In court your lawyer will see to what he says.
