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2. Precisely, facts of the case, as emerge from the record are that contraband weighing 153 grams of Charas came to be recovered from the house of accused from a bag, in which allegedly 153 grams Charas was kept in one pocket and the currency notes amounting to Rs. 1,50,518/- were kept in another pocket. Since both contraband and currency notes were taken into possession from the same bag, the police presuming currency notes to be the sale proceeds of the contraband, sealed the same alongwith contraband. After completion of investigation, police presented the challan in the competent court of law, but before same could be taken to its logical end, accused preferred an application Under Section 451 Cr.P.C (Annexure P-3), praying therein to release the currency notes recovered from his possession in case FIR No. 45 of 2020.

11. Having heard learned Counsel for the parties and perused the material on record, this court finds that the case of the prosecution is that sum of Rs. 1,50,518/- was recovered from one pocket of the bag allegedly containing contraband. To the contrary, the case of the accused is that since nothing could be found in his house, police falsely planted case of recovery of .

Charas and wrongly seized the currency amounting to Rs. 1,50,518/- to prove the case against the petitioner under ND&PS. Before ascertaining the rival contentions made on behalf of learned counsel for the parties, this court finds it necessary to take note of the judgment passed by the Hon'ble Apex Court in Sunderbhai Ambalal Desai versus State of Gujarat, (2002), 10 Supreme Court Cases, 283, wherein guidelines came to be framed with regard to procedure to be followed at the time of disposal of articles kept in police custody pending trial. In the aforesaid judgment, the Hon'ble Apex Court while advising the Court below to exercise the power under Section 451 Cr.P.C. expeditiously and judiciously observed herein as under:-

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.

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 .