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Judgment
Aggrieved by the orders of the II Additional Judicial First Class Magistrate, Bheemavaram, West Godavari District in Crl.M.P.No.3101 of 1997 in C.C.No.278 of 1997 dated 08-10-1997 dismissing the application filed by the petitioner u/s 451 Cr.P.C. for the interim custody of the cash seized in Crime No. 107 of 91, Bheemavaram II Town Police Station, the petitioner filed the present revision petition.
Heard the learned Public Prosecutor and perused the order of the Magistrate.
The Magistrate on an erroneous view of the matter i.e., discrepatory particulars of the packet or the denomination of the notes that were recovered were not furnished and dismissed the application field by the petitioner forgetting the fact that the amount involved is to a tune of Rs.2,45,000/- and also the fact that no human being will note down the numbers of the currency notes in his possession. More so of such a huge amount anticipating theft. I am sure if the Magistrate looses Rs.100/- rupees of 107- rupees denomination, he cannot give numbers of the notes. Hence I have no hesitation to hold that the Magistrate on an erroneous view dismissed the application. ''The matter can be looked at from another angle also. The Courts will be entrusting interim custody of the properties seized in the crime by taking sufficient security for the properly and it will not direct the payment of the amount without any condition in this case the petitioner came forward to give security for the amount to be released in his favour. If that is the case it is not known how the interest of justice will suffer if the amount is released in his favour.
Hence in (he light of the view taken by me I direct the Magistrate to release the amounts seized in crime No. 107 of 1997 on the file of the II Town Police Station, Bheemavaram, West Godavari District on furnishing Bank guarantee to the value of the property.
With the above directions the Revision Petition is disposed of.