Seized cash custody under CrPC Section 451: court may direct release when bank records and cash books account for the money.

Seized cash need not remain in police custody once investigation and verification show that it was withdrawn from the relevant bank account and duly reflected in cash records. Section 451 CrPC empowers the criminal court to make appropriate custody orders for property pending inquiry or trial, and seized currency should not ordinarily be retained for an unduly long period. On the supporting bank and cash-book materials, continued retention was unwarranted, and the cash was directed to be deposited in the account of the BJP, West Bengal Unit.

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Issues: Whether the seized cash could be released under Section 451 of the Code of Criminal Procedure and, if so, to whom it should be delivered.

Analysis: The cash was no longer required to be retained in police custody once the Income Tax investigation and verification showed that it had been withdrawn from the bank account of the BJP, West Bengal Unit and stood accounted for in the relevant cash records. Section 451 of the Code of Criminal Procedure permits the criminal court to pass appropriate orders for the proper custody of property pending inquiry or trial, and seized currency should not ordinarily remain in custody for an unduly long period. In light of the investigation report and the supporting bank and cash-book materials, continued retention of the seized money with the authorities was unwarranted.

Conclusion: The seized cash was directed to be deposited in the account of the BJP, West Bengal Unit, and the petition was disposed of with that direction.

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