1 (Appa 1249 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1249 OF 2011 IN CRIMINAL APPEAL NO. 53 OF 2010 Jasbir Singh Sandhu ...Applicant Vs. Union of India and Ors. ...Respondents ----- Mr.Anil Lalla i/b. M/s. Lalla & Lalla for Applicant Mrs. Revati M.Dere for Respondent No.1 Mr.P.S. Hingorani -APP for State ----- CORAM: V.M. KANADE & M.L. TAHALIYANI, JJ. DATE: 15th December, 2011 P.C. 1. This is an application filed for returning of a Ford Fiesta Car which was seized by the Competent Authority appointed under the SAFEMA/NDPSA, Mumbai and also for returning an amount of Rs.3 lacs which was seized from the house of the Applicant. It is submitted that so far as the amount of Rs.3 lacs is concerned, the said amount is not connected with the transaction in question and, therefore, the Applicant is entitled to seek refund of the said amount. Secondly, it is submitted that so far as the Ford Fiesta Car is concerned, the Applicant 2 (Appa 1249 of 2011) requires the said car for his daily use and the said car has no connection with the alleged offence and, therefore, a direction may be given to the Respondents to return the said car. 2. An affidavit in reply is filed in behalf of the Respondent No.1. It is submitted that so far as the Ford Fiesta Car is concerned, an order of confiscation was passed, which was an interim order passed by the Competent Authority, SAFEMA/NDPSA, Mumbai dated 13.2.2008. It is submitted that the Applicant, therefore, will have to file appropriate proceedings before the said Authorities for return of the said car. Secondly, it is submitted that so far as the amount of Rs.3 lacs is concerned, in the further statement of the Jasbir Singh Sandhu which was recorded, he has stated that the said amount of Rs.3 lacs, which was seized from his residence, was given as advance towards the proposed supply of 14kgs of Hashish. 3. In view of the reply which is given, it will not be possible to grant the relief which is claimed by the Applicant. So far as the Ford Fiesta Car is concerned, liberty is granted to the Applicant to take out appropriate proceeding before the appropriate Forum. So far as return of Rs.3 lacs is concerned, since the said amount was received as advance towards the proposed supply of 3 (Appa 1249 of 2011) 14 kgs of Hashish, the question of returning of the said amount during the pendency of the appeal does not arise. Hence, the application is rejected. 4. However, the said amount of Rs.3 lacs which is lying with the Reserve Bank of India, a direction is given to the Reserve Bank of India to invest the said amount initially for a period of two years in a fixed deposit account of the nationalized bank and, thereafter renew the said fixed deposit every two years during the pendency of the appeal. Application is, accordingly, disposed of. (M.L. TAHALIYANI J.) (V.M. KANADE J.)