JHAVERILAL POPAT DEDHIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SHRI Keshwani submitted that the learned trial Judge has held that items mentioned in the annexure Exhibit "c" are not belonging to the accused (excluding the absconding accused No. 5) and therefore, the learned trial Judge should have handed over those articles to the complainant, either on bond or without bond, because, those items are mentioned in F. I. R. Shri Keshwani further submitted that it is not possible for a jeweller or a shop keeper to maintain the register, which would be showing the items exhibited in his shop clearly. He submitted that there may be some jewellers or shopkeepers who may not be so clever to maintain the register in a proper way, so as to convince the Court that they are entitled to get those articles returned after a criminal case is decided. He submitted that there was no reason for the trial Court to direct that those articles be confiscated to State Government.

(2.) SHRI Keshwani further submitted that those articles have been identified by the complainant or his witnesses in the Court, when they gave evidence in the trial and none of the accused has claimed those articles as belonging to them as the cross-examination shows. The statement made in open Court on oath is sufficient to prove his ownership of those articles.

(3.) SHRI Saste submitted that those articles which have not been proved to be belonging by the complainant or his witnesses deserves to be confiscated to Government. He justified the order which has been assailed by this appeal.