The Madras High Court Bench here has criticised a lower court for passing an order “against common sense” since the latter had ordered return of Rs. 1 lakh, involved in a criminal case, to a claimant with a condition that the cash be kept as it is until completion of trial.
Allowing a criminal revision petition preferred against the lower court’s direction to the claimant to produce solvency certificate as a pre-condition to take custody of the money from the court, Mr. Justice P. Devadass said: “Incidentally, I could see one more condition which is against commonsense. First, the production of solvency certificate is superfluous and not necessary. The learned Judge has directed the revision petitioner to keep the cash as it is.
“It is money. It requires to be used. It needs to be spent. Question of identity of currency notes will not arise.
“Although, of course, the currency number is to be recorded in the property register if not already recorded,” the judge said and ordered return of the cash without insisting on a solvency certificate and after obtaining a personal bond besides noting down the number of the currency notes.
