MAJEENDRANATH SAIT ALIAS MAHESH SAIT Vs. MUHAMMAD RAFI

JUDGEMENT

(1.) These petitions are directed against a common order passed by the learned Magistrate refusing to release the properties/cash which were seized and produced in Crime No.345 of 2005 of Vengara Police Station.

(2.) The crux of the allegations is that at about 10 p.m on 13.12.2005, the victim (his wife is the defacto complainant), who is the petitioner in Crl.M.C.Nos.1482 & 1483 of 2006, was kidnapped by the accused persons including the petitioner in Crl.M.C No.1703 of 2006, who is the 1st accused. It is further alleged that after so kidnapping him, he was brought to his house and from there, 1.170 kg. of gold ornaments and cash of Rs.50,000/- were forcibly taken away. The victim was allegedly taken away from his house by the accused persons. There is a further allegation that subsequently the miscreants came to the house of the petitioner and the defacto complainant was compelled to part with gold ornaments weighing about 100 g. These incidents allegedly took place on the night of 13.05.2005. Crime was registered on the basis of the complaint of the defacto complainant/wife of the victim at 7.30 a.m on 14.12.2005. There is a further allegation that a ransom of Rs.5 lakhs was paid to Crl.M.C.No.1482, 1483 AND 1703 of 2006 2 the 1st accused by the defacto complainant through others to secure the release of the victim. The police had registered the crime on the basis of the complaint of the defacto complainant. In the course of investigation, they have recovered 1.170 kg. of gold ornaments as also an amount of Rs.5,17,500/-. These were admittedly recovered from the possession of the 1st accused.

(3.) Rival contestants - the victim and the 1st accused staked claim before the learned Magistrate for release of the said amount of Rs.5,17,500/- and 1.170 kg. of gold ornaments which were produced in court. The learned Magistrate by the impugned order took the view that the articles need not be released to either of them and that they shall be retained in custody of the court until further orders.