Neutral Citation No. - 2025:AHC:82117 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4798 of 2025 Petitioner :- Aradhana Respondent :- State of U.P. Counsel for Petitioner :- Anupam Anand,Shikhar Awasthi Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. By means of the present writ petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the impugned Order dated 16.01.2025 passed by learned Additional Chief Judicial Magistrate, Court No. 6, Prayagraj, in Case Crime No. 355 of 2024, under Sections 309(6), 3(5) and 351(2) B.N.S., Police Station-Phaphamau, District-Ganganagar Commissionerate Prayagraj. It has been submitted by learned counsel for the petitioner that the recovered amount is the case property/currency notes. The learned Trial court rejected the release application without application of mind seeking release of case property/currency notes. Learned counsel for the petitioner has referred the decision of the Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat 2002 (1) SCC 283 wherein paragraph Nos. 12, 13 and 14 are quoted hereinbelow: "[12] For this purpose, if material on record indicates that such articles belong to the complainant at whose house theft, robbery or dacoity has taken place, then seized articles be handed over to the complainant after:- (1) preparing detailed proper panchanama of such articles: (2) taking photographs of such articles and a bond that such articles would be produced if required at the time of trial; and (3) after taking proper security. [13] For this purpose, the Court may follow the procedure of recording such evidence, as it thinks necessary, as provided under Section 451 Cr.P.C. The bond and security should be taken so as to prevent the evidence being lost, altered or destroyed. The Court should see that photographs or such articles are attested or countersigned by the complainant, accused as well as by the person to whom the custody is handed over. Still however, it would be the function of the Court under Section 451 Cr.P.C. to impose any other appropriate condition. [14] 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 SIIO 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. For currency notes, similar procedure can be followed." It has also been submitted that the said recovery is the part of the proceedings under Section 105 of the B.N.S.S. and the recovery memo was prepared along with a videography dated 25.11.2024 which is a part of the case diary. Learned A.G.A. for the State could not dispute the aforesaid facts. Considering the aforesaid facts and circumstances of the case as well as in light of the observations made by the Hon'ble Apex Court, the matter is hereby remitted back to the Court concerned to pass an appropriate order in accordance with law after giving opportunity of hearing to both the parties and subject to their cooperation if, there is no other legal impediment. With the aforesaid direction, the petition is disposed of. Order Date :- 17.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad