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11. Yet another decision relied on by the court below is Thomas Koshy's case (supra). In that case, a learned single Judge, relying on Sunderbhai Ambalal Desai's case, interfered with an order passed by the Magistrate declining to issue an order under Section 451 Cr.P.C. for releasing gold ornaments involved in a theft case. We find no specific legal principle laid down in this decision.

12. It may be apposite to note the scheme for disposal of property set out in Chapter XXXIV Cr.P.C.. Section 451 Cr.P.C. is quoted hereunder for clarity:

(underline supplied) Considering the precedents on the point, the learned single Judge took a view that the expression "if it is otherwise expedient so to do" occurring in Section 451 Cr.P.C confers a discretion upon the court to order sale of property other than a property which is subject to speedy and natural decay. On a careful reading of Section 451 Cr.P.C., we agree with the view expressed by the learned single Judge.

20. When a criminal court exercises its jurisdiction under Section 451 Cr.P.C., the following aspects become germane for consideration:

22. We are cognizant of the fact that it may be humanly impossible to visualise all probable situations under which the power vested in a criminal court under Section 451 Cr.P.C. could be sought to be invoked. For the same reason, we think that there cannot be any enumeration of straight- jacket formulae suiting all the situations. We, therefore, respectfully following the guidelines in Sunderbhai Ambalal Desai's case frame additional points in respect of disposal of money and jewellery by invoking Section 451 Cr.P.C. We explicitly clarify that the additional points shown below are intended to supplement the guidelines in Sunderbhai Ambalal Desai's case and not to supplant them.

(iii) In the case of jewellery, apart from the preparation of a proper panchanama of the articles, taking photographs, etc., mandated in Sunderbhai Ambalal Desai's case, following aspects also may be considered depending on the facts in each case:

(a) If, in a case, the allegation is that one or two gold ornaments have been stolen or snatched away from the defacto complainant, a criminal court invoking Section 451 Cr.P.C. after taking necessary evidence and following the directions in Sunderbhai Ambalal Desai's case, may release the article under Section 451 Cr.P.C. with the safeguards mentioned in the above decision and also with a direction to produce the same in the same condition as and when directed, especially when there is a rival claimant for the ornaments. If there is no rival claimant and no dispute is raised by the accused regarding the nature, shape, weight, etc. of the ornaments in question, in appropriate cases, the court may even return the same without a condition to produce them in the same condition on a later date.