Tue Sep 24 18:48:05 UTC 2024: ## Allahabad High Court Slams Trial Judge for Misunderstanding Evidence Law, Orders Refresher Course

**Allahabad, India** – The Allahabad High Court has sharply criticized a trial judge in Jaunpur for his misunderstanding of evidence law, leading to the continued sealing of a house used to operate a pathology center without proper government approval.

The case, **Deepak Kumar vs State of UP and Another**, dates back to 2017 when a police FIR was filed against Ajay, a tenant of the house, for illegally operating a pathology center. Following the FIR, the house was sealed by the investigating officer.

In 2018, the High Court directed the trial court to hand over the house to its owner, Deepak Kumar, after ensuring that the medical equipment inside was properly inventoried and transferred to a responsible party. However, the trial court, in June 2023, rejected Deepak Kumar’s application for de-sealing, arguing that the goods inside constituted case property and releasing them could alter the nature of evidence.

Justice Vinod Diwakar of the Allahabad High Court, in an order dated August 23, deemed the trial court’s reasoning “disturbing,” highlighting that the de-sealing process, including proper inventory and surety bond for the seized goods, would not compromise the evidence. The High Court also directed the trial judge to review the Supreme Court judgment in **Sunderbhai Ambalal Desai Vs. State of Gujarat (2002)**, which provides guidelines for releasing or disposing of seized articles during investigations.

The judge was further instructed to familiarize himself with Section 451 of the Code of Criminal Procedure (CrPC), which deals with the custody and disposal of case property during trials. The High Court even suggested that the judge attend a refresher course if he still lacked understanding of the relevant legal procedures.

The case underscores the importance of judges adhering to established legal principles and ensuring the proper application of evidence law. The Allahabad High Court’s firm directive for the trial judge to rectify his understanding serves as a reminder that judicial decisions must be informed and grounded in legal knowledge.

Read More