consideration for releasing property on supratnama
The fact that the Court has power to dispose of property seized by the police but not yet produced before the Court does not mean that the Special Judge must always release such property to the person from whom the property has been recovered, specially when the stage of the case is in suspicion, the investigation is not over and charge-sheet has not yet been laid. The Court has to be circumspect in such a situation before releasing the property. [692 E-F] (b)Whenever the claimant asks for the property back, it does not mean that he should be given back the said property. That has to be decided on its own merits in each case and the discretion of the Court has to be exercised after due consideration of the interests of justice including the prospective necessity of the production of 'these seized- articles at the time of the trial. If the release of the property seized will, in any manner, affect or prejudice the course of justice at the time of the trial, it will be a wise discretion to reject the claim for return.
Supreme Court of India
Ram Parkash Sharma vs State Of Haryana on 18 April, 1978
Equivalent citations: 1978 AIR 1282, 1978 SCR (3) 691
