સુંદર અંબાલાલ દેસાઈ નું જજમેન્ટ – મુદ્દામાલ માટે નું બ્રહ્માસ્ત્ર

Hon‘ble  Supreme Court in Sunderbhai Ambalal Desai vs State Of Gujarat (2002)  10 SCC 283 are very much relevant which read thus: 

1) Owner of the article would not suffer because of its remaining unused  or by its misappropriation.  

2) Court or the police would not be required to keep the article in safe  custody;  

3) If the proper Panchnama before handing over possession of article is  prepared, that can be used in evidence instead of its production before  the Court during the trial. If necessary, evidence could also be  recorded describing the nature of the property in detail; and 

4) This jurisdiction of the Court to record evidence should be exercised  promptly so that there may not be further chance of tampering with  the articles. In case, where such articles are not handed over either to  the complainant or to the person from whom such articles are seized  or to its claimant, then the Court may direct that such articles be kept  in bank lockers. Similarly, if articles are required to kept in police  custody, it would be open to the Station House Officer that after  preparing proper Panchnama to keep such articles in a bank locker.  In any case, such articles should be produced before the Magistrate  within a week of their seizure. If required, the Court may direct that  such articles be handed over back to the Investigating Officer for  further investigation and identification; However, in no set of  circumstances, the Investigating Officer should keep such articles in  custody for a longer period for the purpose of investigation and  identification.