BANGALORE: Laying down the law regarding ancient treasures found in the State, the Karnataka High Court on Thursday held that deputy commissioners would have to initiate proceedings to declare to whom such property belonged.

Justice Hulavadi G. Ramesh passed the order while hearing a case in which diamonds worth more than Rs. 1 crore were found in the wall of a house which was being demolished.

Krishnappa, the house owner, had engaged a contractor, Mohammad, for demolishing the building. A labourer employed by Mohammad, Raju, found diamonds hidden in a wall and sold them.

When Mohammad found out about the diamonds and their sale, he lodged a police complaint. The police seized the diamonds from the receiver of the property and filed a case under the Treasure Trove Act.

Raju was at large since the filing of the complaint, and a magistrate dropped proceedings. After the case was closed, the receiver of the property filed an application before the magistrate for release of the diamonds. The application was allowed on condition that he deposit Rs. 1 crore. This was challenged before the High Court.

The State, which had learnt about the diamonds, filed an appeal against the order of the lower court. Justice Ramesh ordered that the property be given to the State. He said that when an ancient treasure was found, it had to be reported to the Government. The judge said that if the treasure was over 100 years old, it shall be given to the Government. If it was less than 100 years old, the claimant shall establish his right.

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