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CR.RA/207/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 207 of 2010
=========================================================
RASHMIKANT
V SHAH - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
ZUBIN F BHARDA for
Applicant(s) : 1,
MR MJ NANAVATY, APP for Respondent(s) :
1,
NOTICE UNSERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 20/07/2010
ORAL
ORDER
Petitioner-original
complainant is aggrieved by part of the order of learned Magistrate
dated 18.3.2010 by which while dealing with application for returning
of Mudammal articles, though learned Judge released ornaments and
other valuable articles, refused to release currency notes namely,
300 US dollars and 100 Singapore dollars allegedly stolen from the
house of the petitioner. Learned Magistrate was of the opinion that
without certificate from Reserve Bank of India and its permission,
being foreign currency, same cannot be released.
Counsel
for the petitioner submitted that no other person has claimed
ownership of the said currency. It is also not the case of the
prosecution or learned Magistrate that such currency would be
required at the time of trial. Same is not released only on the
ground that being foreign currency, Reserve Bank of India’s
permission would be necessary. Counsel further submitted that in view
of revised guidelines of RBI, petitioner could have held foreign
currency of much higher value.
I
am of the opinion that it is not necessary for me to decide whether
the petitioner was holding the foreign currency regularly or not,
since case of theft lodged by the petitioner. Under certain
conditions, the petitioner is required to be returned the said
currency.
In
the result, following order is passed :
Learned
Magistrate shall release the currency of 300 US dollars and 100
Singapore dollars recovered by the police to the petitioners on the
conditions that :
i) Before
release, proper panchnama with xerox of the currency notes shall be
drawn.
ii) That
petitioner shall deposit the said currency either with RBI or in any
nationalized bank of his choice having branch dealing in foreign
exchange. Petitioner shall undertake to deposit the said currency
within a period of one week from getting the custody thereof.
iv) Petitioner
shall give security equivalent to the value of Indian rupee and
shall undertake to deposit said amount in the Court, if so directed.
With
above directions, the petition is disposed of.
(Akil
Kureshi,J.)
(raghu)
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