Skip to main content

High Court directive on police seizure of jewels

Enterprises offering loans against gold jewellery always run the risk of accepting stolen articles and therefore they cannot question the power of police to seize jewels in appropriate cases, the Madras High Court Bench here has said.

Justice P.N. Prakash made the observation while disposing of a writ petition filed by the manager of Muthoot Finance, Bazzar Branch, Kovilpatti, Thoothukudi district, to forbear Kovilpatti West police from seizing certain jewels pledged with the company.

Claiming that his company thoroughly ascertained ownership of jewels before offering loans, the petitioner accused the police of collecting details of jewels pledged with it frequently and connecting them with theft cases by recording false confession statements from the accused.

Replying to it, the judge said: “This is indeed a very grey area in which it is dangerous for this court to give any finding this way or that way. All over the world, enterprises that give jewel loans run the risk by accepting stolen articles from persons whose credentials will arouse least suspicion.

“Only when the original owner lodges a police complaint, truth will surface. The power of the police to seize the articles of crime from the bailee cannot be disputed. When the bailer himself has no title, the bailee cannot perfect the title by claiming any lien over the property.”

In the same breath, the judge said that it was also not uncommon for the police to indiscriminately seize articles from a bailee under the guise of investigation. “Under such circumstances, the bailee also requires protection from police highhandedness,” he added.

Pointing out that the present case was not related to theft, robbery or dacoity, the judge said it was a simple case of a woman having been deceived by her neighbours who reportedly borrowed her jewellery on the pretext of attending a marriage function and made money by pledging them. Hence, he directed the petitioner to submit the jewels directly before a Judicial Magistrate, who had refused to accept a final report filed by the police in the case due to the latter’s failure to seize the jewellery, and undertake not to auction them until the criminal case is disposed of.

Comments

Popular posts from this blog

MACT - Permanent disability - calculate - compensation - Supreme Court - Part 2

1) C. K. Subramonia Iyer vs. T. Kunhikuttan Nair - AIR 1970 SC 376 2) R. D. Hattangadi vs. Pest Control (India) Ltd. - 1995 (1) SCC 551 3) Baker vs. Willoughby - 1970 AC 467 4) Arvind Kumar Mishra v. New India Assurance Co.Ltd. - 2010(10) SCALE 298 5) Yadava Kumar v. D.M., National Insurance Co. Ltd. - 2010 (8) SCALE 567) 5. The heads under which compensation is awarded in personal injury cases are the following : Pecuniary damages (Special Damages) (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure. (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising : (a) Loss of earning during the period of treatment; (b) Loss of future earnings on account of permanent disability. (iii) Future medical expenses. Non-pecuniary damages (General Damages) (iv) Damages for pain, suffering and trauma as a consequence of the injuries. (v) Loss of amen

Distinction between “Loss to the Estate” and “Loss of Estate”

A subtle but fundamental distinction between “Loss of Estate” and “Loss to the Estate” was discussed in Omana P.K. and others v. Francis Edwin and others (2011 (4) KLT 952). This Judgment was challenged before the Apex Court, which has now dismissed the Appeal. The question raised in this case, was whether a certain sum which the dependants received as compensation for untimely death of Judgment debtor in a motor accident is attachable in Execution Proceedings. In this case, Justice Thomas P. Joseph speaking for the Kerala High Court had held the following (relying on The Chairman, A.P.S.R.T.C, Hyderabad vs. Smt. Shafiya Khatoon and Others) Capitalized value of the income spent on the dependents, subject to relevant deductions, is the pecuniary loss sustained by the members of his family through his death. The capitalized value of his income, subject to relevant deductions, would be the loss caused to the estate by his death. In other words, what amount the dependents would have got le

Full & Final payment - No dues certificate - end of contract

Whether after the contract comes to an end by completion of the contract work and acceptance of the final bill in full and final satisfaction and after issuance a `No Due Certificate' by the contractor Supreme Court of India Supreme Court of India R.L. Kalathia & Co. vs State Of Gujarat on 14 January, 2011 Author: P Sathasivam Bench: P. Sathasivam, B.S. Chauhan IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3245 OF 2003 R.L. Kalathia & Co Appellant(s) Versus State of Gujarat .... Respondent(s) JUDGMENT P. Sathasivam, J. 1) This appeal is directed against the judgment and final order dated 07.10.2002 passed by the Division Bench of the High Court of Gujarat whereby the High Court set aside the judgment and decree dated 14.12.1982 passed by the Civil Judge, (S.D.), Jamnagar directing the State Government to pay a sum of Rs.2,27,758/- with costs and interest and dismissed the Civil Suit as well as cross objections filed by the a