Gold Stolen !! Do You Know This ??

Sir,

Thank you very much.

This is unknown to all the citizen as well as advocates.

Kindly inform under which section of IPC or any other act it can be file in court.

pls pm me.

regards

verma

myngone@gmail.com

This is something logical and reasonable. If you could please share the procedure in very detailed manner. But it is very difficult or practically next to impossible, if the State itself is clandestinely complicit in the crime causing loss of life, liberty or property.

@ TR Nimade and Democratic Indian

I happened to meet a very old acquaintance at a Police Station.

The old woman's chain was snatched and for a long time, the police were unable to provide any concrete information on the thief and the gold.

So, they decided to apply for recovery.

That is where I came to know of this age-old method and I took a second opinion from a retired officer and he confirmed the same.

It is a simple petition.

I am not sure though. But this should suffice.

Titled as ASSISTED RECOVERY- INVOKING CONSTITUTIONAL RIGHT OF RIGHT TO PROPERTY, you may write a prayer, mentioning the case number and the date on which the gold was stolen and the date on which the complaint was filed and case number issued.

But first, you need to file through RTI, and know the status of the case.

Then you may apply for the assisted recovery.

You may type briefly narrating the incident ( Be very brief and in clear english / local language ) and invoke RIGHT TO PROPERTY ( Article 300-A ) which is now a CONSTITUTIONAL RIGHT and no more a fundamental right as per the latest change, where an earlier article was deleted.

But coming to the issue here, mention RIGHT TO PROPERTY being your CONSTITUTIONAL RIGHT, the home secretary and principal secretary-finance along with the commissioner of police and the DCP, may be marked in your Letter and the same may be sent by Speed Post Acknowledgement Due and then again through RTI, you may find the status.

They would call you and either say it can be done or it cannot be done.

In that case on the same grounds of CONSTITUTIONAL RIGHTS, you may approach the HIGH COURT.

file a writ.

It would work.

See, lot of recovered but unclaimed gold, silver,...etc are properly documented and registered with the GOVT.TREASURY. From that, they either give you gold of same weight or some percentage of it. This is what I heard. But the retired officer told me that it is the state government's look-out. How they do it is their problem and not the victims'.

So go ahead and file for RTI first and then the letter mentioned above, invoking the constitutional right of RIGHT TO PROPERTY ( this is not only land, but also other property of monetary value. please understand that ).

just to get a clarity. does it give the right more weightge by moving it from a fundamental right to a constitutional right.? also,are you referring to the home and finance secreatary at the state level? apologies for my ignorance on the organisation structure, but as i understand , the home secreatary comes under home affairs ministry under central govt level right? if it is under the state level, where to find the home and finance secretary for state..

@ legal learner

Yes, but the fundamental right is stronger within the framework of the constitutional right.

so, it has been removed of some strength, we may say, by moving it to constitutional right ( made as general rights instead of fundamental right within the constitutional right- fundamental right being an absolute right ).

Home secretary at the state level, finance at the central level

You can find details on govt.web-sites or you can visit the secretariat and ask the UNDER-SECRETARY for information.

Better is the law book house and the man in-charge at the law book house.

small booklets are available listing governmental structure.

Best is the Govt.Web-Site and direct contact.

thanks..this is more interesting to know - i did come across the right being move to constitutional right based on a supreme court ruling some time back but didnt know it applies to our personal valuables as well.thought it applies mainly for land acquisition when govt wants to take over our land and issue compensation.

couple of clarification to connect the dots here.

1. i see you mentioend include home secretary and dcp as parties..but who do you send the letter to...is it to home secretary?
2. is sending the letter to home secretary has more weightage than sending it to state chief minister's cell..
3. they would call -- ? who are they  - home secretary office or court or police

@ Legal Learner

Yes, land acquisition matter emerged out of this.

The Root is the constitutional right.

The land acquisition matter is one of the branches.

Personal valuables is another branch.

If not, why does the provision exist to file a complaint for stolen goods, in the first place ?

See, finally it all boils down to APPLICATION OF LAW.

Law constantly uses the term APPLICATION OF THE MIND.

Combine the two and you can apply the same principle to your LEGAL EXISTENCE in the world.

That is why Indian Law is spoken of, among advocates and judiciary, as a deep and vast OCEAN.

It has multiple aspects and solutions. You need to search and fetch it out in your case.

That is about it.

Usually the CM's office forwards to the Home department. 

Usually they do that. 

Unless it is some matter related to the state intelligence and such portfolio being directly with the CM.

The Home secretary then sends your file to the Commissioner's Office with a note.

From there, the action-play begins.

You may, if not satisfied then escalate to the DGP and IGP 

If still not satisfied, go back to the Home department.

If still no solution found, move the court.

But this is a flow - a general flow.

You may even move through the court.

ABCD or abcd --- which method you choose, Choice is yours. Alphabets remain the same.

All dependant on the case you have on hand. Each case is different.

thanks for the clarificaiton..great info indeed..

sir,

in your above reply where you had stated -

Titled as ASSISTED RECOVERY- INVOKING CONSTITUTIONAL RIGHT OF RIGHT TO PROPERTY, you may write a prayer, mentioning the case number and the date on which the gold was stolen and the date on which the complaint was filed and case number issued.

---

is the above content for a letter to the home secretary or to file a petition..where do we file this petition..at the lower court or at the high court?