IN THE HIGH COURT OF JUDICATURE AT BILASPUR IL^al ^n- Kfte" " ^l y'" ^::^ ,.(^.^ '^•^^^^w .... "APPELLANT. CHHATTISGARH ^^ RESPONDENT Criminal Appeal Nof^ S /2004 Khatun Bee, W/o. Late Rahim Khan, aged about 60 years, R/o. Maharpara, Ward No.8, Gandai, P.S. Gandai, District - Rajnandgaon (C.G.) VERSUS State of Chhattisgarh MEMORANDUM OF APPEAL U/SEC. 454 OF THE CODE OF CRIMINAL PROCEDURE !^^uj—13'-!—ry-no^aHcin^rtnQr~lfl*.;p NTn I— XI-HC-22 -bi '??:ria5'3II^I ^W ^il^T '3^ •<illilfl4, »^!W|iS,W •Tm?ff%l!t% <:^-A.^6.JL^/^ •^ .201) 3n^T?^TCKIifer qiwli'i'yl-f TiitRif 4 fetzt •(fSnerc ^;3i1;gq3:iT^I 08-05-2006 Shri Anoop Mazumc|ar, learned counsel for the appelltint. Shri Vivek Sharma.iP.L. for the State. This appeai is hearc^ finally today. This appeal is dire4ted againsr the order dated 23-09-2004 passed by the Spec.ial Ji^dge, Kajncmdgaon refusing to retum the amount of fts.11,013/- se|zed from the possession of -the husband of -the (ippeiloint. Brief facts are thc^t one ftahim Khcm was prosecuted for the offenceunder Section-2C|(B)(l) ofNarcotic brugsand psychotropic Substonces Act 1985. Ariamount of fts.11,013/- was seized by the Investigatin9 Officer fr^m hispos%ssion alon9 with contrabdnd gonja. After triai, learh^d Special Judge, Rajnandgaon acquitted the accused appellant ft^ihim Khan but ordered that the seized property be returned t{) the concerned department after the period of appeal, if no aj)peal was preferred. After the death of Rahim Khon. his widow Kl^atun Bee made an application before the Special Judge, Rajnondga()n for retum of Rs.11,013/- tp her lying in possession of P.S.-Sanc^ai. This proyer was rejected by the impugned order. [TTO'^g^ XI-HC-22 ST^ITCT feW3Ilt!?l 1 '^^Iq? yl?^1 ^SI "afPlRT'I, ^aRpTS, RcTlWp C^. Pv- t^O . -°> C(S( ^ aii^iwiiwgfe'i 1 Havjng considered the the order dal'ed 23-09-2004 concerned department orfter was preferred, passed in 25-04-2003 detivered by the tHe Sessions Case No.102/2002., u> order; wholly contrary to law. cash recovered from him, ough' In the resuit,.the appe<jl amount of fts.11,013/- seized| ftchiffl Khan (since dead) be qwfepih' ifltRiT ^ teat Tfsnsrc ^aipTOsint?! i|ival submissions and cffter perusing for return of property to the period of an appeal, if no appeal t)ara-l0 of the judgment dated Special Judge, Rajnandgaon in Ithere remains no doubt thnt the Upon acquitt'al of the accused, the *o have been retumed to him. pe<jl is atlowed. It is directed that the from the possession of appeltant retlir-ned to his widow Khatun Bee. ,«l>-^lD"h"u judge Dilip w^.. st\ 1^^