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| HC upholds trial court decision; directs for depositing recovered money in treasury | | | Early Times Reporter
Jammu | June 12
Upholding the decision of the Additional Sessions Judge Reasi refusing to release the amount recovered during the investigation from the petitioners and not claimed during the trial, Justice Sunil Hali of J&K High Court Jammu wing in a significant judgment ordered that the money recovered shall be deposited in the treasury.
This significant judgment has been passed in a criminal revision filed by Abdul Hamid & Other against the order of Additional Sessions Judge Reasi issued on June 29, 2007.
A criminal case u/s 307 RPC (attempt to murder) and allied offences was tried by the Court of Additional Sessions Judge Reasi. It was alleged that during the course of investigation arms ammunition was recovered from the accused persons and an amount of Rs 50,000 was also recovered from petitioner No 1 and an amount of Rs 8010 from petitioner No 2 on their instance the trial concluded in the acquittal of accused. After the acquittal an application was made by the accused before the Trial Court for release of amount of Rs 50,000 and 8010 respectively in their favour. It was contended in the application that the said amount belongs to them. The said application was dismissed by the trial Court on the ground that this money was never claimed by the petitioners during their Trial. The Trial Court has also recorded its findings that a question was put to the accused in the course of trial. They did not claim this amount during the trial. Even during the pendency of trial no application was made for custody of said amount in their favour during the trial.
Justice Sunil Hali, after considering the trial Court case, observed that the application has been filed only after they were acquitted by the Court and when the limitation period was over. The petitioners have failed to prove their bonafide in respect of this amount which was recovered at their instance. They had never claimed this property as belonging to them as such the trial Court has rightly rejected their application. Dismissing the revision petition filed by the petitioner, Justice Hali ordered that money so recovered shall be deposited in the Treasury and the Trial Court shall make appropriate orders with respect of disposal of property seized, Court further ordered. JNF |
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