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Supreme Court of India 2019-01-28 dismissed

C. SHANMUGAVEL vs ESWARI

Bench: 2 — R. Banumathi, R. Subhash Reddy

In Brief

A vehicle allegedly used in a murder case was seized by police. The deceased owner's widow (first respondent) and the appellant (deceased's brother-in-law) both sought custody of the vehicle. The judicial magistrate initially handed it to the appellant, but upon the widow's withdrawal of consent, returned it to her. The High Court dismissed the appellant's revision petition. The Supreme Court upheld the magistrate's decision, holding that the widow, as the lawful heir and spouse of the registered owner, had a superior claim to the vehicle's custody pending trial. The deposit of Rs. 5 lakhs ordered against the appellant was directed to be refunded.

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Criminal Law Criminal Procedure Property Rights Custody of Seized Property Murder

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