NARI LAKHUMAL DHATAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Appeal by the accused is directed against the Order passed by the learned Special Judge (N.D.P.S.ACT) at Thane, confiscating the property seized to the State while acquitted the present appellant of the offence punishable under Section 20(b)(ii) read with Section 8 of the N.D.P.S. Act. Along with contraband articles, cash amount of Rs.14,200/- was found in the appellant's locker. This amount also contained the three currency notes of Rs.100/- each which had been allegedly passed on to the appellant by bogus customer sent by police. While the learned Judge acquitted the appellant, he did not consider as to how the property seized should be dealt with and straightway proceeded to order confiscating the entire property.

(2.) SINCE the appellant has been acquitted, there was no reason to refuse to return the cash seized from the appellant to him, except the currency notes which were allegedly given to the appellant by bogus customers. Therefore, the order directing confiscation of currency notes of Rs.14,200/- will have to be modified and Rs.13,900/- will have to be ordered to be refunded to the appellant.