D. BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging the order of confiscation passed by the learned I Additional Civil Judge and JMFC, Ballari in dated 23.07.2012 and the judgment dated 19.08.2013 passed by the learned II Additional Sessions Judge, Ballari in and sought an order to direct the respondent to return cash to the petitioners.

(2.) The petitioners are arraigned as accused Nos.1 and 2 in the original proceedings for the offences punishable under Section 78-A(1) and (6) of the Karnataka Police Act. The learned Judge confiscated an amount of Rs.3,00,000/-, two Nokia company mobiles and one G-5 company mobile to the Government and acquitted the accused persons for the offences mentioned above. The petitioners in this petition have contended that an amount of Rs.79,000/- and Rs.62,500/- totally amounting to Rs.1,41,500/- out of Rs.3,00,000/- belongs to them and the learned Judge ought not to have directed the police to confiscate the cash which are the personal belongings of the petitioners and the trial Court ought to have held that M.O.1 to the tune of Rs.1,41,500/- is belonging to the petitioners and ought to have released the same in favour of the petitioners. The impugned judgment of confiscation is not legal and the trial Court has failed to notice that the worth material elicited in the cross- examination would substantiate the defence taken by the petitioners and the order of confiscation is liable to be set aside since the prosecution has failed to prove its case.

(3.) The Revision Court also failed to notice that the petitioners are entitled for the amount of M.O.1 to the extent claimed by them and hence the order of confiscation is liable to be set aside.