R.RAMESH Vs. STATE

JUDGEMENT

(1.) This matter is squarely covered by the Apex Court's Judgment in Sunderbhai Ambalal Desai v. State of Gujarat [2003 (1) CTC 175 (SC)].

(2.) The property in a criminal case will arise in three different circumstances. One is the property with respect to which an offence has been committed, namely, chain snatching case. Other one is the property, which has been used in the commission of offence, for instance vehicle used by the assailants to commit murder and the other one is perishable items. If they have any relevance in the case, they have to be exhibited. But, perishables have to be disposed of immediately.

(3.) In Sunderbhai Ambalal Desai (supra), it has been brought to the notice of the Court that in Police Stations and in Courthouses, several case properties were kept idle. Ultimately, they became useless and they may also be used for some unlawful and unauthorized purposes. So, the Hon'ble Apex Court directed the Criminal Courts to dispose of the case properties laying down certain guidelines and it has also held that property return petitions should be disposed of within a prescribed period.