Lalluram Mohanlal v. State Of Gujarat .

1. When a property is not proved to be stolen, it cannot be confiscated and must be returned to the person from whose possession it was taken.

2. The order of confiscation in the present case is, therefore, set aside and it is ordered that the property should be returned to the person from whose possession it was taken by the police.

EK/JRM/G.G.M

3. Appeal allowed.