STATE OF M.P. Vs. MOTILAL

JUDGEMENT

(1.) THE Order of the court was delivered by :

(2.) FACTS of the case are that the a Police Head Constable namely Loknath Dwivedi seized 29.851 kg. of silver from possession of the respondent Motilal. The allegations were made against the respondent and some other persons that it was a metal of theft and respondent had converted the stolen property into the silver bricks. However, after investigation an offence under Sections 379,411, 120-B and 201 of the Indian Penal Code was registered and challan was filed. The Judicial Magistrate First Class, Rewa found that the respondent was not guilty for any offence, he was acquitted and the property seized from the respondent, was directed to release in favour of the respondent.

(3.) A reply was filed on behalf of the appellant that the silver was seized by one Loknath Head Constable, but Loknath after his transfer had handed over the silver to another one Head Constable Ramayan Pratap Singh. But Ramayan Pratap Singh had not deposited the property to the competent authority, as a result of this a criminal case under Section 409 of the Indian Penal Code, has been registered against Ramayan Pratap Singh. As the aforesaid criminal case was registered against Ramayan Pratap Singh, it was stated before the writ Court that the respondent was not entitled to get the seized property from the State.