Sambhu Kumar Sahoo vs. State Of Odisha

1. Heard.

The application of the petitioner under Section 457 Cr.P.C. has been rejected by the learned JM, Panposh, Rourkela. The petitioner has taken up the matter to the revisional court by filing Criminal Revision No.9 of 2024 before the 2nd Addl. Sessions Judge, Rourkela. The revisional court vide its detailed judgment dated 08.10.2024 rejected the prayer of the petitioner under Section 457 Cr.P.C. for release of the jewelery items seized in the case. While rejecting the prayer, the revisional court, inter alia, has observed as under:- 6. Perused the case record in GR case No.2249/2023 and ST 122 of 2024 along with connected papers. The case has been registered U/s 394 of IPC. The I.O. has submitted the seizure list which indicates that 51 nos. of gold neck chain weighing about 394.230 grams, 20 nos. of gold finger ring weighing

510 grams and one melted gold piece 81.050 grams were seized by the I.O from the possession of the accused and later on the said seized articles have been submitted in the Court Malkhana. It is submitted by the petitioner that 85 pieces of gold chain and 5 pieces of gold bracelet were sent to Koikata for repair and polish through his staff Pradip Kumar Soni vide challan no.PC-JW/1/23/24 on 12.12.2023. Further, it is submitted that on 15.12.2023 when Pradip Kumar Soni returned from Koikata some persons committed theft of said gold ornaments from him near Kali temple, Rourkela. In order to substantiate the ownership of the petitioner over the seized gold ornaments, the petitioner has submitted the original invoice RD Karel jewellers, SG Karel and sons Jewelers Pvt. Ltd., Swaranshilp Chains & Jewellers Pvt. Ltd. in six sheets. On perusal of the entire tax invoice attached to the record it is found that the bills have been prepared in the year 2023 with regard to certain gold ornaments and in the present circumstances the occurrence took place on 15.12.2023 and the month mentioned in the purchase bill are prepared all prior to the month of occurrence. All the original invoices of RD Karel Jewelers, SG Karel and sons Jewelers Pvt. Ltd., Swaranshilp Chains & Jewelers Pvt. Ltd are prepared without any proper description and quantity. Considering this fact the learned trial court has held that the identity of the seized article are in dispute as because the specific number and the quantity has not been mentioned exactly and only the payament of amount including the GST is reflected in the tax invoice. Furthermore, the trial court has observed that question arises that 58 gold chain and 5 bracelates has been sent to Kolkata but the seizure list reflects that seizure of only 51 nos. gold chain and other gold ornaments like gold finger ring and melted piece has been recovered but no gold bracelet has been recovered from the possession of the accused during the course of investigation. Presently, the investigation is still in progress and as per the report submitted by the lO it is found that the complainant has not produced any valid documents before the 10 in support of the seized gold ornaments. It is an admitted fact that the petitioner has purchased some gold ornaments from different manufacturers by way of invoices. But in the said invoices there is no proper description of gold ornaments. Further, the case record reveals no TI parade of seized gold ornaments has been conducted for proper identification of gold ornaments. Further, there is discrepancy as to the seized gold ornaments and the claim made by the petitioner. This appellate court has perused the order of the learned trial Court who rejected the petition

Learned counsel for the petitioner submits that the petitioner has enough material to show the ownership of the jewellery items sought to be released under Section 457 Cr.P.C. She seeks liberty to move a fresh application along with the necessary documents before the court below for the release of the articles showing his ownership.

In view of the aforementioned, liberty is granted to the petitioner to move fresh application alongwith ownership documents before the learned trial court seeking release of the gold ornaments. If such application is moved, the learned trial court shall do well to deal with the contentions raised by the petitioner without being influenced by the observation made by the revisional court.

With the aforesaid observation, the CRLMC is disposed of.