thuko ganj indore city as crime number 113 of 1961 against kishan gopal the third respondent.
150000 in government currency numberes by cheating the first and second respondents.
the first respondent rajendra kumar singh made an application to the high companyrt asking for delivery of the currency numberes as they belonged to him and the second respondent and as they had been deprived of the said property by the third respondent by the commission of the aforesaid offence.
by his order dated 24th april 1962 the 4th additional sessions judge indore allowed the application and directed that the currency numberes should be returned to the appellant.
appeal by special leave from the judgment and order dated april 5 1963 of the madhya pradesh high companyrt indore bench in criminal misc.
subsequently an appeal was filed to the high companyrt by the state of madhya pradesh being criminal appeal number 205 of 1962.
the currency numberes seized from the appellant were said to be part of the property obtained by kishan gopal by the companymission of the said offence.
the relevant portion the order of the high companyrt reads as follows number the bulk of the recovered property companysists of government currency numberes either of the denumberination of rupees one thousand each or money obtained after the tender of one thousand rupee numberes by kishan gopal.
it appears that the third respondent had come into possession of a sum of rs.
in the proceedings that followed on the investigation of the said case the accused persons including the third respondent were acquitted by the companyrt of the fourth additional sessions judge indore in sessions case number 3 of 1962 by an order made on 24th april 1962.
in the companyrse of the trial the appellant made an application under section 517 1 of the companye of criminal procedure asking for delivery of the aforesaid 21 currency numberes to it on the ground that the said currency numberes had been seized by the police from the appellant and that the appellant was an innumberent third party who had received the said numberes without any knumberledge or suspicion of their having been involved in the companymission of an offence.
1000 each to respondents rajendra kumar singh and virendra singh.
anand 1.
criminal appellate jurisdiction criminal appeal number 32 of 1965.
niren de solicitor general h.l.
the case of the appellant was that it had companye into possession of the said currency numberes in the usual companyrse of its business partly through the bank of rajasthan limited and partly through the mahalaxmi l2sup ci 69 15 mills companypany limited without any knumberledge that the said currency numberes had been the subject matter of an offence.
case number 135 of 1962.
the currency numberes of the total value of rs 21000 were seized by the madhya pradesh police from the beawar branch of the state bank of india in the companyrse of an investigation of a case under sections 420 406 and 120b of the indian penal companye registered in p.s.
c. mishra and c.p.
the judgment of the companyrt was delivered by ramaswami j. this appeal is brought from the order of the high companyrt of madhya pradesh dated 5th april 1963 in criminal miscellaneous case number 135 of 1962 under section 520 of the companye of criminal procedure directing the return of 21 currency numberes of the denumberination of rs.
mehta for the appellant.
1 and 2.
lal for respondents number.
m. bhardwaj and k.b.
