Property recovery

Querist : Anonymous (Querist) 21 December 2011 This query is : Resolved
Dear Sir,
I lost some of my property /items in a case 3 years back. The list of items which are recovered is mentioned in the FIR copy /Charge sheet document(list of seized items/witness items). Still the case trials is not started in the court.

Today one police constable came to my house and handed over one paper which is asking me to collect the items which are there in the court till now.

can some one answer my questions one by one so that it will be clear to me

1) can you please let me know the correct procedure
2)amount of expenses involved with this
3)do i have to approach a lawyer or can i do it myself by giving a letter in writing
4)if i can do myself what is the proforma for the letter
5)if case trial starts some time later in this year do i have to carry all this items to court every time
6)i observed that the letter which was given to me today by the constable has some items missing which are there in the charge sheet (list of items which police people are producing in court) what should i do now . Infact my charge sheet has few pages with heading 'list of items sent to magistrate' which clearly mentions the list of items recovered/seized at that time. what can i do now to get all the items. whom should i approach.
7)can i approach seriously if any items are not given to me from the list ?

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Devajyoti Barman (Expert) 21 December 2011
Since the Police itself has become ready to handover the articles then where is the reason for worry?
Just go , collect it and sign on the acknowledgement.

Querist : Anonymous (Querist) 21 December 2011
Dear Barman sir,

they asked me to go to court and collect them.can you please answer me on all points. it will be helpful for me.

Devajyoti Barman (Expert) 21 December 2011
I have already dealt with all your queries in a single reply.
Now it is up to you to decide what to do.
This is not so complicated or confusing to choose from.

Raj Kumar Makkad (Expert) 22 December 2011
#Barman G! As the trial is going on so the case property is to be got released from court and not from police. The concerned police authorities shall have to release the properties subject to the order of the trial court.

The author shall have to contact with his lawyer who shall move an application with the court and court may require the comments of the police thereon and thereafter it may release the properties mentioned therein subject to certain conditions and on surity. You need no bring those items on every hearing except when specifically demanded to produce. Expense can be told by your lawyer for his service charges otherwise nominal expenses of below Rs. 100/- are required in this process. Instead of moving application from yourself, it shall be better to have services of a lawyer.

If some items are missing, you may make a written complaint to the concerned court and a FIR can be got lodged against the concerned police officials incharge for keeping your property safe under their custody.

Devajyoti Barman (Expert) 22 December 2011
Even during trial the Police has got authority to release the article after taking signature of the complainant.
Only if the Police refuse ot handover the article then only one need to approach the court.

prabhakar singh (Expert) 22 December 2011
agree with experts.

Shonee Kapoor (Expert) 23 December 2011
Tend to agree with Mr. Makkad,

Police doesnot want to take the onus on themselves for releasing case property.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Property recovery

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