karnataka high court | Confiscated jewelry allowed to be kept in police custody for 15 days only: High Court


Bengaluru: The High Court has ordered that gold and jewelery confiscated during the investigation of a criminal case may be kept in the custody of the police for a period of 15 days to a maximum of one month, after which it should be handed over to the victim or the complainant.

Justice M. has awarded the petition submitted by the owner of a jewelery shop in the city. A single member bench headed by Nagaprasanna passed this order. Lashkar Thana of Mysore directed the police to hand over the gold bullion seized from the petitioner.
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“There is no benefit in keeping the gold, silver and precious stones seized during the investigation in the custody of the police until the investigation of the case is completed. According to the Supreme Court decision, the Magistrate Court should ensure that the seized items remain in the police station for a maximum of 15 days to one month only. The court should issue an appropriate order regarding the interim handover of the confiscated gold ornaments to the concerned complainants and victims.

Hamid Ali, a resident of Kasaragod, bought from him one kg. B. Inder Chand of Mysore filed a complaint with the Lashkar police station alleging that he had cheated by getting the gold bullion without paying. It was alleged that Hamid had sold the gold bullion received from Inder Chand to the petitioner. As a result, during the investigation, the police recovered half a kg from the applicant’s gold shop. He seized the gold bullion and submitted a report to the Magistrate Court.
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The 6th Additional District and Sessions Court of Mysore on 9th January 2022 upheld the order issued by the JMFC Court on 10th November 2020 dismissing the petition filed to direct the police to return the gold bullion seized from their shop. Due to this, the petitioner approached the High Court.