AJAY KUMAR AGARWAL Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C to quash the proceedings in the order dated 02.11.2020 in Crl.M.P.No.243 of 2020 in Crime No.661 of 2020 passed by the III Additional Chief Metropolitan Magistrate, City Criminal Courts, Nampally, Hyderabad.

(2.) Heard Sri Pratap Narayan Sanghi, learned counsel for the petitioner and learned Public Prosecutor. Perused the record.

(3.) The subject property i.e., 1. Nakishi Peacock Hara weighing about 171.990 grams, (2) Mango Necklace weighing about 144.000 grams, (3) Har Jai Peacock weighing about 102.070 grams, (4) Naksli Kabu Half weighing about 72.190 grams, (5) Necklace Krishna weighing about 121.410 grams, (6) Har Mango Peacock weighing about 143.160 grams, (7) Laxmi Peacock Nakshatra weighing about 112.070 grams, (8) Haram weighing about 119.030 grams, (9) Laxmi Mango Kasu weighing about 98.550 grams, (10) Laxmi Kasu Locket weighing about 77.000 grams was seized by the Police, Banjara Hills in Crime No.661 of 2020. The petitioner claiming to be the owner of the said property, filed an application under Section 451 Cr.P.C. for return of the said property. The III Additional Chief Metropolitan Magistrate vide order dated 02.11.2020 allowed the said application directing the Station House Officer, P.S. Banjara Hills to deposit the said property and on such deposit, the said property shall be returned to the petitioner for interim custody on condition of the petitioner furnishing bank guarantee for Rs.75,00,000/-(Rupees Seventy Five lakhs only) to the satisfaction of the Court. The petitioner shall not change the physical features and internal mechanism of the property and he shall produce the same as and when required during the course of the trial. The photographs of the property shall be taken and preserved on record.