SHYAM MEHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision application has been filed against the order dated 13.5.2005 passed by the learned J.M.F.C., Loisingha in G.R.Case No. 18 of 2005 rejecting the prayer of the petitioners for release of the seized cash (currency notes) under Section 457 of the Code of Criminal Procedure.

(2.) HEARD Mr. Choudhury, learned counsel for the petitioners and learned Additional Standing Counsel for the State.

(3.) MR . Choudhury, learned counsel for the petitioners submits that admittedly the cash, which has been seized, was snatched away from the petitioner No. 1/Shyam Meher while Shyam Meher was proceeding to Bolangir to purchase cloth in a motor cycle alongwith his brother/petitioner No. 2 and one Sachita Mahaling. As such the cash belongs to Sham Meher. Petitioner No. 2 Kshyamanidhi Meher (brother of the petitioner No. 1), lodged the FIR. In the FIR, it has been categorically stated that his elder brother had kept Rs. 30,000/ - four persons came in an Ambassador Car bearing Regd. No. WMF 0826, snatched away the money on threatening him and giving him a fist blow and went back in the same Ambassador Car. The detail description of all the four accused persons was also given in the FIR. The cash amounting to Rs. 29,100 was seized by the police immediately after the occurrence and there is no doubt that the cash belongs to the petitioner No. 1. As such, he being the owner of the seized cash is legally entitled to receive the same. The cash needs no identification during the trial. Keeping in view the facts and circumstances stated above, it would have been appropriate on the part of the learned trial Court to release the cash in favour of petitioner No. 1 under Section 457 of the Code of Criminal Procedure.