Code of Criminal Procedure, 1973 – ss.451 and 457 – Disposal of seized property pending trial – Seizure of illegally stocked iron ore – State filed application u/ss.451/457 CrPC seeking permission to dispose off the seized iron ore by e-tender – Special CBI Judge allowed the application vide order dated 08.05.2015 – Against the order, writ petitions filed by respondents – High Court allowed the writ petitions and directed release of the iron ore in favour of the respondents – Propriety – Held: High Court while allowing the writ petition had only relied on acceptance of the final report by CBI Judge dated 15.12.2015 which was not relevant with regard to order dated 08.05.2015 – Seizure of the iron ore was not in case Crime No. 2/2014 in which final report has been accepted by CBI Judge on 15.12.2015, rather seizure of the iron ore was in a different proceeding in which Order dated 08.05.2015 was passed – When release of iron ore on an application filed by the State under ss.451/457 CrPC was in a different proceeding, there was no effect or consequence of acceptance of the final report vide Order dated 15.12.2015 in case Crime No. 2/2014 – High Court erred in allowing the Writ Petition on the strength of the final report accepted on 15.12.2015 – However, it shall be open for the respondent to file appropriate application before the Special CBI Judge for release of seized iron ore – Karnataka Forest Act, 1963 – ss. 2(7)(b)(iv), 24(e), 62, 80 – Karnataka Forests Rules, 1969 – rr. 143, 162. Allowing the appeal, the Court
HELD : 1. It is clear that the final Report which was accepted on 15.12.2015, was final report in case Crime No. 2/2014 which was registered after the investigation by SIT in pursuance of order of this Court passed in Writ Petition No. 562 of 2009 and in the above case, no offence was found against the respondent. Order dated 08.05.2015, on the other hand, was passed in different proceedings which proceedings commenced by registration of FIR dated 15.03.2010, Ankola Police Station Crime No. 189/2010. [Paras 16, 18] [8-D-E; 9-G-H]
2. Clearly seizure of the iron ore was not in case Crime No. 2/2014 in which final report has been accepted on 15.12.2015 rather seizure of the iron ore was in different proceeding in which proceeding Order dated 08.05.2015 was passed. When release of iron ore on an application filed by the State under Section 451/457 Cr.P.C. was in different proceeding, there was no effect or consequence of acceptance of the final report vide Order dated 15.12.2015 in case Crime No. 2/2014 and the High Court committed error in allowing the Writ Petition on the strength of the final report accepted on 15.12.2015. High Court while allowing the Writ Petition had only relied on acceptance of the final report by CBI Judge dated 15.12.2015 which, was not relevant with regard to Order dated 08.05.2015 passed by the trial court. [Para 19] [10-F-H]
3. The order and judgment of the High Court is wholly unsustainable and is hereby set aside. However, it shall be open for the respondent to file an appropriate application before the XXXII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore (CCH-34), for release of seized iron ore by establishing its existence and its ownership right over the same, which may be considered by Jurisdictional Criminal Court in accordance with law. [Para 21] [11-C-D]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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