Customs-seized vehicles cannot be released under Section 451 CrPC before inquiry or trial begins, as the special customs scheme governs.

Section 451 CrPC applies only when property is produced before a criminal court during an inquiry or trial, so it could not be used for interim release of vehicles seized by Customs during investigation. Because the Customs Act, 1962 provides a complete scheme for seizure, provisional release, notice, confiscation, redemption fine, vesting, and appeal, that special mechanism governed exclusively at the investigation stage. The trial court therefore lacked jurisdiction to order release of the vehicles on superdari, and the release orders were set aside.

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Issues: Whether Section 451 of the Code of Criminal Procedure, 1973 could be invoked for interim release of vehicles seized by Customs authorities under the Customs Act, 1962 before any inquiry or trial had commenced, and whether the trial court had jurisdiction to release such vehicles on superdari.

Analysis: Section 451 of the Code of Criminal Procedure, 1973 applies only when property is produced before a criminal court during an inquiry or trial. The Customs Act, 1962 contains a self-contained scheme governing seizure, provisional release, notice, confiscation, redemption fine, vesting of confiscated goods in the Central Government, and appeal. The vehicles in question were seized during customs investigation and were not before the criminal court in the course of any inquiry or trial when the release orders were made. In that setting, the general power under Section 451 could not be used to override the special customs mechanism. The earlier authorities relied upon for interim release were distinguished as dealing with situations where Section 451 was otherwise applicable or where the facts were materially different.

Conclusion: Section 451 of the Code of Criminal Procedure, 1973 was not applicable to the seized vehicles at that stage, and the trial court lacked jurisdiction to order their release on superdari.

Final Conclusion: The impugned release orders were set aside, and the petitions were allowed, leaving the parties to work out their remedies under the Customs Act, 1962 against the confiscation orders.

Ratio Decidendi: Property seized by Customs during investigation cannot be released under Section 451 of the Code of Criminal Procedure, 1973 unless it is produced before a criminal court in an inquiry or trial; where the special statute provides a complete confiscation and release code, that scheme governs exclusively at the investigation stage.

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