TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: (i) Whether powers under Section 451 of the Code of Criminal Procedure, 1973 should be exercised promptly for custody and disposal of seized property, including valuable articles, currency notes and contraband; (ii) whether seized vehicles should be released, auctioned or otherwise disposed of without keeping them indefinitely at police stations.
Issue (i): Whether powers under Section 451 of the Code of Criminal Procedure, 1973 should be exercised promptly for custody and disposal of seized property, including valuable articles, currency notes and contraband.
Analysis: The provisions governing custody and disposal of property pending inquiry or trial were treated as conferring wide discretion on the Magistrate to protect the property, prevent deterioration or misappropriation, and avoid unnecessary retention by the police. The Court emphasised that valuable articles should not remain in police custody for long periods and that, where appropriate, they may be returned to the claimant after preparing a detailed panchanama, taking photographs, obtaining security and a bond for production when required. The same approach was indicated for currency notes and narcotic or liquor articles, with immediate recording of evidence and prompt production before the Magistrate.
Conclusion: The power under Section 451 of the Code of Criminal Procedure, 1973 must be exercised expeditiously and judiciously, and valuable seized property should ordinarily be released or otherwise dealt with at the earliest on suitable safeguards.
Issue (ii): Whether seized vehicles should be released, auctioned or otherwise disposed of without keeping them indefinitely at police stations.
Analysis: The Court held that keeping vehicles at police stations for long periods serves no useful purpose and causes waste and deterioration. It directed that Magistrates should pass appropriate orders promptly for return of vehicles on bond, guarantee and security, and where no claimant comes forward, the vehicle may be auctioned or the insurer informed to take possession. Before release or disposal, photographs and a detailed panchanama are to be prepared so that evidentiary value is preserved.
Conclusion: Seized vehicles are not to be retained indefinitely, and they should be returned, auctioned or otherwise dealt with promptly under judicial orders with adequate safeguards.
Final Conclusion: The petitions succeeded to the extent that the Court issued operative directions for prompt and practical disposal of seized property, including valuable articles, currency, contraband and vehicles, to prevent loss, deterioration and misuse while preserving evidentiary value.
Ratio Decidendi: A Magistrate must exercise the statutory power over seized property at the earliest, using suitable safeguards such as panchanama, photographs, bond and security, because prolonged retention of such property by the police or the court is generally unnecessary and may cause irreparable loss or misuse.
TaxTMI 
TaxTMI 
