(1.)In these two petitions filed by the Police Inspectors serving the Gujarat State, it has been contended that prosecuting agency has no right to ask for remand of petitioners (accused) for the purpose of collecting evidence and the application moved for remand of the petitioners (accused) was unjustified because anticipatory bail was granted to them.
(2.)It is the prosecution version, as per the FIR lodged on 7-2-2002 by the Assistant Commissioner of Police, D Division, Surat that petitioners and other police personnel are involved in offences punishable under Sections 429, 420, 465, 468, 477-A and 114, IPC. It is alleged that when they were working at various police stations, they have committed offences during the period from 20-2-1992 to 23-11-2001 by replacement of mudammal articles including golden ornaments by other spurious articles, misappropriation of the amount which was kept at the police station, unauthorised auction of the property which was seized and kept in the police custody pending trial and tampering with the records of police station. The High Court by its judgment and order dated 20-6-2002 rejected the application against the order passed by the trial Court granting remand of the petitioner. Hence, these special leave petitions.
(3.)At the time of the hearing of these matters, learned Counsel for the parties submitted that various articles are kept at the police station for a long period by not adhering to the procedure prescribed under Cr. P.C., which creates difficulties for keeping them in safe custody. Finally, the sufferers are - either the State exchequer or the citizens whose articles are kept in such custody. It is submitted that speedier procedure is required to be evolved either by the Court or under the rules for disposal of muddamal articles which are kept at various police stations as most of the police stations are flooded with seized articles. It is, therefore, submitted that directions be given so that burden of the Courts as well as at the police station can, to some extent, be reduced and that there may not be any scope for misappropriation or of replacement of valuable articles by spurious articles.