Laxmi Narayan Agarwal. Vs. Krishna Gopal & Anr.
EmailAppeal: Criminal Appeal No. of 1987.
(In S.L.P. No. 1474 of 1987)
(In S.L.P. No. 1474 of 1987)
Petitioner: Laxmi Narayan Agarwal.
Respondent: Krishna Gopal & Anr.
Apeal: Criminal Appeal No. of 1987.
(In S.L.P. No. 1474 of 1987)
(In S.L.P. No. 1474 of 1987)
Judges: A.P.SEN & L.M.SHARMA,JJ
Date of Judgment: Dec 07, 1987
Head Note:
CRIMINAL LAW
Restoration of seized ornaments – Additional Judicial Magistrate ordered restoration of ornaments to the owner-appellant subject to bank guarantee – High Court was unjustified in interfering with that order.
JUDGEMENT:
O R D E R
1. Special Leave granted. Arguments heard.
2. We find that the High Court, without any reasonable justification, interfered with the well-considered order passed by the learned Additional Judicial Magistrate, Baran directing the restoration of the seized ornaments to the appellant Laxmi Narayan Agarwal, who is the owner thereof, subject to furnishing of the bank guarantee in the sum of Rs. 15,000/- and security for a further sum of Rs.50,000, with the additional condition attached that he shall not make any alteration to the jewellery or dispose them of before the disposal of the criminal complaint.
3. We accordingly allow the appeal, set aside the judgment and order passed by the High Court and restore the order passed by the learned Additional Judicial Magistrate, Baran.
Appeal allowed.
1. Special Leave granted. Arguments heard.
2. We find that the High Court, without any reasonable justification, interfered with the well-considered order passed by the learned Additional Judicial Magistrate, Baran directing the restoration of the seized ornaments to the appellant Laxmi Narayan Agarwal, who is the owner thereof, subject to furnishing of the bank guarantee in the sum of Rs. 15,000/- and security for a further sum of Rs.50,000, with the additional condition attached that he shall not make any alteration to the jewellery or dispose them of before the disposal of the criminal complaint.
3. We accordingly allow the appeal, set aside the judgment and order passed by the High Court and restore the order passed by the learned Additional Judicial Magistrate, Baran.
Appeal allowed.
