2021 (10) TMI 131

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....alf of the petitioner under the provision of Section 451 of the Code of Criminal Procedure for return of the seized sum of Rs. 30 lacs in connection with the said case was rejected. In the said case, the petitioner was arraigned as an accused alleging that on 05.05.2019 the Officers of the Hare Street Police Station apprehended the petitioner on the source information and recovered the said sum of Rs. 30 lacs from his possession. Petitioner claim to be the treasurer of 35 number Zila Parishad of a political party and is an active party worker. The case of the petitioner is that being the party worker he was carrying the said sum as per verbal instruction of one Mr. Sanwar Dhanania, a political supervisor and State treasurer from the party ....

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....sclosed in paragraph 7 of the application for return of the money that the report of the Income Tax Department is a conclusive proof of the ownership of the seized money yet all that he had filed was a copy of representation dated 15.10.2019 submitted before the Income Tax Authority by the said political party. In this revisional application the petitioner has sought for stay of the proceeding in connection with Hare Street Police Station case No.05/19 dated 05.05.2019 pending in the Court of learned CMM, Kolkata. Mr. Trivedi, learned advocate for the opposite party no.2, Income Tax Department filed an affidavit enclosing the report in connection with the case under reference in compliance with this Court's order dated 06.08.2021. It is r....

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....rt or of the police for any time longer than what is absolutely necessary. As the seizure of the property by the police amounts to a clear entrustment of the property to a Government servant, the idea is that the property should be restored to the original owner after the necessity to retain it ceases. It is manifest that there may be two stages when the property may be returned to the owner. In the first place it may be returned during any inquiry or trial. This may particularly be necessary where the property concerned is subject to speedy or natural decay. There may be other compelling reasons also which may justify the disposal of the property to the owner or otherwise in the interest of justice. The High Court and the Sessions Judge pr....