VENKATRAGHVAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD Sri Hasmath Pasha, learned counsel appearing for the petitioner, sri Satish R. Giriji, learned Government pleader appearing for the 1st respondent and sri A. Rama Mohan, Advocate appearing for the 2nd respondent and perused the material on record.

(2.) BY the impugned orders, the Court below has directed that the amount of Rs. 1,70,000/- seized by police during investigation be returned to Smt. Shashi Prabha-respondent No. 2 herein. However, while doing so, the Court below has directed the concerned advocates, public prosecutor, complainant and the accused to be present before the Investigating Officer in the police station for disbursement of the currency notes. The petitioner is aggrieved by the second direction issued by the trial Court that the advocates, public prosecutor, complainant and accused shall be present before the police station. Learned counsel for the petitioner fairly submits that he does not dispute that the respondent No. 2 is entitled to interim custody of the seized currency notes.

(3.) THE Apex Court in the case of sunderbhai Ambalal Desai v. State of gujarat (ILR (4) 2003 Kar 2244) : (AIR 2003 sc 638), while dealing with the similar matter regarding interim custody of the currency notes and valuable articles, has ruled thus :