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april 1978

Supreme Court of India · 1978-04-18

RAM PARKASH SHARMA vs STATE OF HARYANA

Citation / case number
SC 1978/90301
Court
Supreme Court of India
Petitioner
RAM PARKASH SHARMA
Respondent
STATE OF HARYANA
Bench
KRISHNAIYER, V.R.

Judgment text excerpt

The Supreme Court held that under Section 457 of the Criminal Procedure Code, a Special Judge has the power to release property seized by the police but not yet produced before the Court. However, this power must be exercised with caution, especially when the investigation is ongoing and the case is still in suspicion. The Court emphasized that the decision to return seized property must consider the interests of justice and the necessity of the property for trial, thereby establishing that the discretion of the Court is paramount in such matters.

RAM PARKASH SHARMA vs STATE OF HARYANA · Niyam