SUNDERBHAI AMBALAL DESAI
A
v.
STATE OF GUJARAT
NOVEMBER 18, 2002
[M.B. SHAH AND D.M. DHARMADHIKARI, JJ.]
B
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 C
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.
D
*Sunderbhai Ambalal Desai v. State of Gujarat, AIR (2003) SC 638,
referred to.
CRIMINAL APPELLATE JURISDICTION : Special Leave Petition
(Crl.) No. 2745 of 2002.
E
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.
S.K. Dholakia and Ms. Hemantika Wahi, for the Respondent.
The following Order of the Court was delivered :
Heard learned counsel for the parties.
In our view, no further directions are required to be given in these
217
F
G
H
218
SUPREME COURT REPORTS [2002] SUPP. 4 S.C.R.
A 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
B sufficient. The Special Leave Petitions are disposed of, accordingly.
R.P.
Petitions disposed of.
.,,
Lex