The Madras High Court Bench here has permitted a stamp vendor, who was robbed of Rs.17.92 lakh by a gang in Tirunelveli on May 31, to take interim custody of recovered amount of Rs. 7.47 lakh after “taking photographs of the numbers of the currency notes with the attestation of the Investigation Officer.”
Justice B. Gokuldas passed the order while allowing a criminal revision petition filed by the stamp vendor Arunachalam challenging an order passed by a Judicial Magistrate in Tirunelveli on July 27 refusing to give him custody of the cash recovered by the Inspector of Panagudi Police Station in Tirunelveli district.
The petitioner’s counsel contended that it was not in serious dispute that Rs.7.47 lakh, recovered by the police, belonged to the revision petitioner and since the petitioner was in dire need of the money for his business, there could not be any impediment in ordering the return of the cash by way of interim custody subject to certain conditions.
Accepting his plea, the judge said that the Supreme Court too had considered the scope of Section 451 of Code of Criminal Procedure especially with respect to return of valuable articles and currency notes and held that such valuables need not be held in police custody for years together pending trial in the criminal cases.
Hence, he ordered that interim custody of the cash could be given to the petitioner.
The other conditions imposed by him included preparation of a note containing the denomination and number of currency notes by the police with an attestation by the complainant, accused as well as the witnesses who had signed in the Recovery Mahazar (note). Such note should be submitted before the Valliyoor Judicial Magistrate.
Further, the petitioner was also ordered to execute a personal bond for a sum of Rs.7.47 lakh with one surety for an equal amount to the satisfaction of the Judicial Magistrate.
