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Supreme Court of India 2018-12-13 allowed

Bharat Sanchar Nigam Limited vs Suryanarayanan & Anr

Bench: 2 — Dr. Dhananjaya Y. Chandrachud

In Brief

A criminal appeal concerning the custody of copper alloy moulds seized from a scrap metal dealer alleged to be stolen property. After acquittal of the accused, BSNL (the alleged owner) and the dealer both claimed entitlement to the goods. The High Court ordered return to the dealer based on the principle that seized goods should be restored to the person from whom they were taken. The Supreme Court reversed, holding that while ordinarily property is returned to the person from whose custody it was seized, this principle does not apply where a third party asserts a genuine, disputed claim of title. The Court relegated the dispute to civil proceedings and permitted BSNL to sell the goods by auction pending civil adjudication of title."

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Criminal Procedure Property Disposal Theft and Receiving Stolen Property Title and Possession

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