MP High Court ordered bank to preserve old notes, as it could be evidence in Bribery case

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Case:

State of Madhya Pradesh v. Manoj Tiwari, 2017 SCC Online MP 138, decided on 3/02/2017

Facts:

The bribe amount in form of demonetized currency notes of Rs. 1000 and Rs.500 which were seized from a culprit in a bribery case, were laced with a special powder. Following demonetization of Rs.1000 and Rs.500 currency notes, the court granted the permission to the Special Police Establishment –Lokyukta to deposit the money with a nationalized bank as was required for the demonetization. Later on a revision petition was preferred for direction to the nationalized bank to preserve the demonetized currency notes as those notes might be required to be exhibited before the competent court in order to prove the case of prosecution. The counsel for original petitioner had no objections with regard to this.

Held:

A division bench consisting of Justice Sujoy Paul and Justice Nandita Dubey allowed the petition and stated that the concerned Nationalized Bank shall preserve those notes and also ordered that the Lokayukta would be at liberty to withdraw those currency notes for the purpose of evidence and  will  redeposit in the same bank account after conclusion of evidence  and  directed the concerned  Bank to do  the needful.

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