Property seizure

Krishna (Querist) 12 April 2012 This query is : Resolved
Can Property/Material Objects be submitted before the Court after the Charge sheet is filed by the Investigation agency.
Situation1: If it is seized at crime stage but was not produced before the court ?
Situation2: Charge is filed and then further investigation or re-ivestigation is ordered by the Court. Can the property be seized during this stage.
Pls advice.
Krishna Kumar

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V R SHROFF (Expert) 12 April 2012
YES, IF RECOVERED AT A LATER STAGE.
APP to convince Court, and court may allow it in the interest of justice, if not filling the lacuna of prosecution

Adv.R.P.Chugh (Expert) 12 April 2012
In situation 1 - the prosecution would have a tough time - as it is tantamount to filling up lacunae in prosecution case - however if the same was not very relevant earlier but got relevant due to events that transpired during the trial - it can be allowed in the ends of justice.

In the 2nd situation - it is permissible per se.

Shonee Kapoor (Expert) 12 April 2012
Agreed with Ld. Chugh.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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