Sunderbhai Ambalal Desai v. State of Gujarat (2002 INSC 475)

Court: Supreme Court of India
Decided: 18 November 2002
Bench: M. B. Shah, D. M. Dharmadhikari
Result: Petitions disposed of.

Headnote

Code of Criminal Procedure, 1973:

Ss. 451 and 452-Custody and disposal, during inquiry or trial, of property seized by police-Held, in view a/directions given on 111012002* no further directions are required-However, in a case where accused disputes his involvement in the incident and no article was found from him then such endorsement be taken on the photograph-As regards vehicles, there may not be any necessity of producing the vehicle before the court and the seizure report may be sufficient.

*Sunderbhai Ambalal Desai v. State of Gujarat, AIR (2003) SC 638, referred to.

Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.

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Judgment

Heard learned counsel for the parties.

In our view, no further directions are required to be given in these matters. However, it is made clear that in case where accused dispute that he is not involved in the alleged incident and no article was found from him then such endorsement be taken on the photograph. Further with regard to the vehicle also, it is made clear that there may not be any necessity of producing the vehicle before the Court and the Seizure Report may be sufficient. The Special Leave Petitions are disposed of, accordingly.

Case details

Arising from

CRIMINAL APPELLATE JURISDICTION : Special Leave Petition (Crl.) No. 2745 of 2002.

From the Judgment and Order dated 20.6.2002 of the Gujarat High Court in Crl. R.A. No. 241 of 2002.

WITH

S.L.P. (Crl.) No. 2755 of 2002.

Ujwal Kumar Jha, Aslam Ahmed, Ranjan Kumar Jha, Nakul Dewan and Ejaz Maqbool, for tlie Petitioner.

Appearances

S.K. Dholakia and Ms. Hemantika Wahi, for the Respondent.

Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.