2025 (2) TMI 1178 - HC - Indian Laws

Seized Cash Released: Section 457 Cr.P.C. Grants Relief, Mandates Photographic Evidence Preservation

Santosh Kumar Tripathy Versus State of Odisha

HC allowed application under Section 457 Cr.P.C. for release of seized cash Rs. 5,36,200/-. Despite trial court's initial rejection, HC directed cash ... Seeking release of seized cash - Section 457 Cr.P.C. - petitioner is ready and willing to furnish an indemnity for the entire amount at the time of released - HELD THAT:- The petition is allowed - The trial court is directed to release the seized cash deposited by the I.O. in the court in favour of the petitioner by preserving color photographs of the currency notes. It is open for the trial court to impose any other condition as deemed fit and proper. The Orissa High Court, through Justice Sibo Sankar Mishra, allowed the petitioner's application under Section 457 Cr.P.C. for release of seized cash amounting to Rs. 5,36,200/-, which had been recovered from accused persons based on their disclosure statements in a theft case. The trial court had earlier rejected the application, reasoning that the cash was 'the fruit of the crime' and required for further investigation, and that rightful ownership was uncertain. The High Court noted that the State did not dispute the petitioner's ownership and that the petitioner was willing to furnish an indemnity bond. The Court directed the trial court to release the seized cash to the petitioner while preserving 'color photographs of the currency notes' and permitted the trial court to impose any other conditions it deemed fit. The Court emphasized the procedural safeguard of photographic evidence and concluded by disposing of the criminal miscellaneous case accordingly.