VASANTRAO RAMCHANDRA PATIL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave to amend the cause title of the appeal in accordance with the order dated 29th April 2008, is granted. The amendment be carried out forthwith. This appeal has been filed by the original appellant, referred to as 'the appellant', under the provisions of Section 454 of the Code of Criminal Procedure (Code), being aggrieved by the judgment and order dated 16th March 2007, passed by the Additional Sessions Judge, Karad, who, though observed in the judgment that 'the appellant was entitled to have the custody and possession of a certain property', still, did not pass any order directing its return to him, on the ground that 'such property had not been produced before his court during the trial.'

(2.) I have heard Mr. Rahul S. Kadam, the learned counsel for the appellant. I have heard Mrs. S. Gajare-Dhumal, the learned APR I have gone through the copy of the impugned judgment that is annexed to the appeal memo.

(3.) The articles, which the appellant wants to be returned back to him, are three gold ornaments, one gun license, one pistol and one 12 bore gun, seized by the police in connection with the investigation of the case in which the appellant was prosecuted and was acquitted. It appears that, the learned Additional Sessions Judge had come to a clear conclusion that the appellant was entitled to the custody of the said articles. In paragraph 15 of the judgment, the learned Additional Sessions Judge clearly observed that the gun and pistol had been kept in Armory, and that, according to him, it would be just and proper to give directions to the police to return the gun and pistol to the accused (appellant) who was having a valid license for the same, and that, the same could be given in his custody as per the law and procedure under the Arms Act. The learned Additional Sessions Judge also observed that it would be just and proper to give directions to return the muddemal gold to the accused (appellant) which was attached in the case, but that the said gold ornaments were not produced before his court by the police.