1 cr.apln.412.11-4.5.2011.odt mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.412 OF 2011 IN CRIMINAL APPEAL NO. 109 OF 2006 Mrs. Vadakke Kanakath Jayalaxmi ...Applicant/Oirg. Accused Vs. The Union of India & One ...Respondents/Orig.Complainant And N.Radhakrishnan & Ors. ...Applicants Mr. S.M. Shettigar, Advocate for the Applicants Mr. D.N. Salvi, Advocate for Respondent No.1 Mrs. M.M. Deshmukh, A.P.P for the State CORAM : SMT. ROSHAN DALVI, J. DATED : 4 TH MAY, 2011 P.C. : 1. Since the Appeal has abated upon the death of the Appellant the heirs and legal representatives of the Appellant Vadakke Kanakath Jayalaxmi have applied for return of certain articles as per the order and judgment of the trial Judge dated 25th November 2005. 2. There are certain articles to be confiscated to State. There are certain articles to be destroyed. There are certain articles to be returned to the Appellant and certain articles to be returned to the CBI. 2 cr.apln.412.11-4.5.2011.odt 3. Part of the order is complied. The remaining part of the order shall have to be complied. 4. At first the articles which are confiscated to the State shall have to be first disposed off. 5. The Officer of the Sessions Court, Mumbai has produced the register in Form-C being a register of deposit receipts maintained from 29th August 2005 to 30th June 2006 containing entry dated 10th January 2006 under No.983 at page 78 in the name of the Appellant in ACB Special Case No. 48/2001 showing the cash of Rs.43,63,841/- consisting of Rs. 37,73,361/- as of the FDR with accrued interest of Rs.5,90,480/- which is the remainder of the fine amount directed to be confiscated to the State. 6. The Officer of Sessions Court has further produced the register in Form - 4 from 3rd December 2005 to 5th September 2006 showing entry dated 8th March 2006 under entry No.416 at page 76 of the register in the aforesaid Special case showing Rs.37,73,361/- as fine having been encashed and sent by cheque No.041786 dated 8th March 2006 to the State of Maharashtra under receipt No.1151258 dated 10th January 2006. 7. The Officer has further produced the entry in the aforesaid register at page 77 being entry No.417 also dated 8th March 2006 for Rs.5,90,480/- sent under cheque No.04798 dated 8th March 2006 of the Government of Maharashtra under receipt No.1151258 dated 10th January 2006. 3 cr.apln.412.11-4.5.2011.odt 8. The Registrar, Sessions Court has transmitted Rs.37,73,361/- as confiscated to Government and Rs.5,90,480/- as fine amount upon conviction. This is the amount confiscated to the State of maharashtra to Government of Maharashtra under Government challan dated 28th March 2006. 9. The original registers and challans are verified and returned to the officer and xerox copies of the relevant pages as also the cover page of the registers and copies of challans are kept on record. 10. The Officer of the Sessions Court, Mumbai has produced the original register maintained by the Sessions Court relating to the valuable muddemal being in Form-C titled Register of Deposit Receipts. The officer has shown a register maintained from 29th August 2005 to 30th June 2006. The Officer has shown the entry dated 13th December 2005 at page 63 under serial No.899 relating to CBI Special case No.48/2001 for valuable property record No.613/2005 dated 12th December 2005 showing Rs.19,600/-as BPR from Article 10 (colly) being deposited in the Sessions Court. 11.Hence the cash of Rs.19,600/- which has been confiscated is deposited in PLA Account (Personal Ledger Account of the Sessions Court). The Registrar Sessions Court shall comply with the order of the Sessions Court dated 25th November 2005 contained in Clause 7 of the order regarding confiscation of the amount of Rs.19600/- to the State, obtain necessary challan and report to this Court. 4 cr.apln.412.11-4.5.2011.odt 12.The jewellery articles at Exhibit-6E-1 consisting of one big gold chain and two separate lockets are confiscated to the State. These are one thick gold chain with two separate lockets/pendents shown as item Nos. 15, 19 and 20 which are carved out of Exhibit-6E and taken as Exhibit-6E1. 13.These are articles of yellow metal. They shall have to be valued and sold under the supervision of this Court. The Registrar of Sessions Court shall send the said articles to the Registrar (Judicial) of this Court. The Registrar (Judicial) shall require one Valuer from the panel of Valuers of this Court to weigh and value the aforesaid articles, determine the price and make a report to this Court based upon the market value of gold jewellery for acceptance. The amount of sale so accepted, shall be deposited with the Government of Maharashtra. 14.The remaining articles of jewellery shall be kept with the Sessions Registrar of this Court until the valuation and sale of the articles Exhibit-6E1 is complete. The Registrar (Judicial) shall inform the Sessions Registrar after the transmission of the amount of the valuation to the Government of Maharashtra. 15.Thereafter the Applicants shall be returned the documents mentioned in Clause 1 of the order regarding disposal of articles being article Nos. 1 to 4 and 5 (colly), the jewellery shown as article 6E1 as described above, 6 G, the steel box article 6D and the cash of Rs.7000/- article 9 (colly). 5 cr.apln.412.11-4.5.2011.odt 16.Thereafter the CBI shall be returned the photographs article 8 (colly) and the negatives of the photographs article 8A (colly) as also the unexhibited documents in the Criminal Case. 17.The Sessions Registrar shall destroy articles 6A, 6B, 6C, 6F and 7. 18.The bank accounts which have been freezed pending the trial shall be defreezed. 19.The bail bonds of the Appellant shall be cancelled. 20.Application is disposed off accordingly. (SMT.ROSHAN DALVI, J.)