S.451 CrPC: Karnataka High Court Says Gold Ornaments Seized Can Be Kept In Custody For Maximum 1 Month

The Karnataka High Court has said that if gold bullion or gold ornaments are seized during the investigation of an offence, the maximum period that it could be held is 15 days or one month and later, it should be released and interim custody should be handed over to the victim/complainant/applicant.

M/S NAMBOOR JEWELLERS v. STATE BY LASHKAR POLICE STATION

FACTS OF THE CASE

• The petitioner had filed an application with the trial court under Sections 451 and 457 of the CrPC, asking for custody of gold bullion that had been confiscated in a case against one Hameed Ali for offences punishable by Sections 406 and 420 of the IPC.
• Where during the course of the investigation into the aforementioned incident, authorities discovered half a kilogramme of gold at the petitioner's store.

Analysis

• The applicant identified himself as the complaint's victim. It was argued that the petitioner, who is the victim, has a legal right to interim possession of the gold bullion that was taken and which, even for the purposes of the inquiry, belongs to the petitioner.
• The learned Magistrate gave an inappropriate justification for rejecting the application, namely in light of the petitioner's gold bullion, and it conflicts with the ruling made by the Supreme Court in the matter of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283.
• Despite acknowledging that the gold belonged to the petitioner, the prosecution claimed that it cannot be released until the trial has concluded and that it would like the petition to be dismissed.

JUDGEMENT

• The bench pointed to the Apex court decision on which the petition had relied, which said that "It is argued that holding expensive items in police custody for years till the end of the case is pointless, such as jewellery made of gold or silver or items embellished with precious stones. We believe that this contribution needs to be accepted. In such circumstances, the Magistrate should issue the necessary directions as provided for in Section 451 CrPC as soon as possible."
• The court then asserted, "If the order passed by the learned Magistrate is considered on the bedrock of principles laid down by the Apex Court in the aforesaid judgement, it would on the face of it, run foul," adding that there are insufficient grounds not made out by the petitioner for interim custody of the gold bullion.
• Accordingly it allowed the petition and directed that the prosecution shall prepare detailed and proper panchanama of such articles; take photographs of such articles, and a bond that such articles would be produced, if required at the time of trial; proper and adequate security shall be taken by the Investigating Officer, before handing over the articles.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by M/S Namboor Jewellers and directed handing over of interim custody of the gold seized by the police.