Madhya Pradesh High Court Orders Release of Seized Jewelry in Sonu v. State of Madhya Pradesh

Court Sets Aside Trial Court's Decision; Directs Release on Supurdagi Bond Ensuring Custody and Evidence Production

The Madhya Pradesh High Court has directed the release of seized gold and silver jewelry in the case of Sonu v. State of Madhya Pradesh, setting aside the trial court's order that rejected the application due to suspicions surrounding the authenticity of the bills. The judgment was delivered by Justice Sanjeev S Kalgaonkar, emphasizing the importance of not keeping valuable articles in indefinite police custody.

In a significant decision, the court addressed the concerns raised by the petitioner, Sonu, whose jewelry was seized during a police raid. The trial court had dismissed Sonu's application for the release of the jewelry on grounds of suspicion regarding the bills provided. However, the High Court observed that indefinite retention of seized articles in police custody is unwarranted when no complainant has come forward to claim rightful ownership, as highlighted in the Supreme Court precedent Sunderbhai Ambalal Desai v. State of Gujarat.

The judgment underscored the lack of evidence indicating that the seized jewelry was stolen or misappropriated, and the absence of any complainant claiming ownership further weakened the trial court's stance. Justice Kalgaonkar pointed out the prima facie verification of bills by the concerned jeweller, stating that such articles should not remain in police custody indefinitely when there is no pending claim.

Referring to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the High Court ordered the release of the jewelry on Supurdagi, subject to submission of appropriate bonds and compliance with conditions laid down by the trial court to ensure safe custody and production during evidence. This decision aligns with the Supreme Court's guidelines in Sunderbhai Ambalal Desai, which advocate for prompt release or safekeeping of valuable articles.

The ruling highlights the importance of balancing law enforcement efforts with the rights of individuals, ensuring that property is not unjustly retained without sufficient cause. The High Court's directive ensures that the jewelry will be released on interim custody until the conclusion of the criminal trial, with necessary precautions to prevent any loss or alteration of evidence.

This judgment serves as a reminder of the judiciary's role in safeguarding individual rights against procedural overreach and reinforces the principles of justice and fairness in criminal proceedings.

Bottom Line:

Release of seized valuable articles on Supurdagi subject to submission of bonds and compliance with conditions laid down by the trial court.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Criminal Procedure Code, 1973 Section 451.

Sonu v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2811121