KRISHNA PILLAI Vs. PUBLIC PROSECUTOR

JUDGEMENT

(1.) The appellant is aggrieved by the order of the Chief Judicial Magistrate Manjeri as per which 375 bags of dried cashewnuts involved in a criminal case were ordered to be given to the Kerala State Cashew Development Corporation (for short 'the Corporation'). Hence this appeal.

(2.) During investigation of a crime case, the Dy. S.P. Crime Detachment (Malappuram District) seized 375 bags of dried cashewnuts from Vinod Cashew Factory, Quilon on 25-6-1980. The case was charge sheeted against eight persons. The Trial Court convicted the first accused for the offence under S.409 of the Indian Penal Code. The appellant was neither an accused nor a witness in the said case. The trial Magistrate found that Al in that case was entrusted with dominion over the cashewnuts for the purpose of transportation from Edavanna (Malappuram District) to one of the factories of the Corporation at Quilon. It was further found that the first accused, in violation of the terms of the contract, supplied the cashewnuts to the appellant and appropriated the value thereof. In the judgment, the lower court passed orders for disposal of the property. It was directed that the cashewnuts be returned to the Corporation. That order of disposal is now challenged in this appeal. Criminal M.C. 390/87 has been filed by the Corporation to quash the appeal filed by the appellant.

(3.) The learned counsel for the appellant raised the following contentions: (1) The criminal court should have adopted the normal rule in this case by directing the property to be returned to the person from whose possession it was taken into custody. (2) In the absence of a finding that it was the first accused who supplied the consignment of cashewnuts to the appellant, there remains no basis for ordering the property to someone else. (3) There is no evidence that the cashewnuts (375 bags) seized by the police belonged to the Corporation. (4) At any rate, the order of disposal of property passed without notice to the appellant and without affording an opportunity of being heard is unsustainable.