NARENDRA KUMAR HARSH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition arises out of rejection of application moved by the petitioner for "Supurdagi" of cash recovered by its owner.

(2.) Learned counsel has submitted that the petitioner's firm M/s. Shrinath Agency had instructed one Naresh Saini to carry a sum of Rs.53 lac in two begs and kept it at the house of one Lal Chand Jat. While they were taking the amount, they were robbed and the FIR No.411/2019 was lodged at Police Station Mansarovar, Jaipur. The accused were arrested. A sum of Rs.31,50,000/- was recovered from their possession and the case was registered under Sections 307, 394, 397, 120B IPC and under Section 3/25 of the Arms Act and trial is pending. While trial is pending, the petitioner submitted an application for custody of the currency amount of Rs.31,50,000/- lying in the court. Learned Additional Sessions Judge vide order dated 5th August, 2020 dismissed the application and has directed that the amount be kept in bank locker after preparing "Panchnama" and after taking photographs.

(3.) Learned counsel submits that learned Additional Sessions Judge has committed error in law in not releasing the currency amount on "Supurdagi" to the petitioner and has wrongfully interpreted the directions given by the Apex Court in the case of Sunderbhai Ambalal Desai and ors. Vs. State of Gujarat, reported in (2002) 10 SCC 283.