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N.K.Assumi (Advocate)     18 January 2010

Purchased of property through stolen money:

A sold his car to B. B was arrested by the police in highway robbery case. After his arrest B told the police that he purchased the vehicle out of the stolen money and that A without knowing that the purchased money was stolen sold his car to B in good faith. Can the police arrest A and demand from A to submit the money, which A has already invested in his business?


 4 Replies

Feroz M Shafeeque (Police Officer)     18 January 2010

In this case no offense on part of A as his act will not come under Sec. 411 IPC. The car can be attached.


But consider a case where the serial numbers of stolen currency notes were known to the complainant and it was mentioned in the FIS. If A still have possession of those money he received from B for selling his car, those currency notes can be seized from A by the investigating agency as it is stolen property. Even then A cannot be implicated in the case unless it is proved that he received the money knowing that it was stolen property.

N.K.Assumi (Advocate)     18 January 2010

Thank you Feroz, but lets wait for more.

Prashant Kumar Jha (Practicing Lawyer)     20 January 2010

I am very much agree with the view of Mr Firoz

Syed Adbul Khader Jeelani (Advocate 9642388507)     22 January 2010

In the said case sec 414 also to be attracted. But the police didnt do so. but considering the facts of the case Sec 411 says whoever dishonestly receive or retains the stolen property knowingly or having reason to belive to be stolen" so there should be dishonest intention and there should be knowledge that the property is stolen which are to be proved by the prosecution in this case. Moreover as stated in the case A has already invested the money in the business even if the complainant knows that serial No. the same currency is to be recovered from A to prove the case This will prove fatal to the case of prosecution.

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