Interim custody under Section 451 CrPC requires production of seized property before the criminal court, not mere customs seizure.

Interim custody under Section 451 CrPC can be granted only for property actually produced before the criminal court during inquiry or trial; a pending customs seizure or complaint does not amount to such production. Where a truck has been validly seized by customs under the Customs Act, custody remains with the customs authorities until the property comes before the court in the course of proceedings. The criminal court therefore lacked jurisdiction to release the truck before production, and the release order was set aside while the petition for interim custody was dismissed.

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Issues: Whether a criminal court can grant interim custody of a truck seized by customs under the Customs Act, 1962 before the truck is produced before the court during inquiry or trial.

Analysis: Section 451 of the Code of Criminal Procedure, 1973 empowers a criminal court to make an order for custody of property only when the property is produced before it during an inquiry or trial. Mere filing of a complaint or taking cognizance does not by itself amount to production of the seized property before the court. Where goods or conveyance have been validly seized by customs officers under the Customs Act, 1962, custody and control remain with the customs authorities until the property is brought before the criminal court in the course of proceedings. The power under the Code cannot be invoked to displace that statutory custody in the absence of such production. The decision also distinguishes disposal orders where the court had no custody or control over the property.

Conclusion: The criminal court had no jurisdiction to grant interim custody of the truck before its production before the court. The order releasing the truck was set aside and the petition seeking release was dismissed.

Ratio Decidendi: Interim custody under Section 451 of the Code of Criminal Procedure, 1973 can be ordered only in respect of property actually produced before the criminal court during inquiry or trial, and not merely because the property is the subject of a pending customs prosecution or seizure.

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