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2020 (5) TMI 708 - HC - Indian LawsSeeking release of gold ornaments and money in interim custody under Section 451 of the Code of Criminal Procedure, 1973 (Cr.P.C.) - custody to a person claiming to be the owner of jewellery/money without incorporating a condition that the said articles should be produced before the court, as and when directed, exactly in the same condition as they were at the time of entrustment - HELD THAT:- On a plain reading of Section 451 Cr.P.C., it can be seen that the power to order for custody and disposal of property pending trial has to be exercised by the court by applying judicial discretion and the arrangement once made thereunder is not even final till the conclusion of inquiry or trial. The court is having a right to terminate the entrustment, get back the property from the person to whom it was given and entrust it to somebody else whom the court deems fit. In cases of rival claims for interim custody, preference of one person over the other does not settle any right to ownership or possession. The challenge is against conditions 2 and 4 imposed by the trial Judge. Condition 2 is relating to furnishing security in the form of bank guarantee for the value assessed by the court below. We find no reason to interfere with that condition as the jewellery items involved are of a considerable worth. Insofar as condition 4 is concerned, the court below shall allow the claimant to adduce evidence to establish a strong prima facie entitlement to the property. It may also ascertain whether there is any rival claimant for the gold ornaments involved in the case. After considering the entire evidence on record, the trial court shall take a decision as to whether the petitioner should be directed to produce the articles before the court in the same condition as and when required by the court - matter shall be disposed by the court below as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this order.
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