Release of seized muddamal pending trial allowed where continued custody served no useful purpose and risked loss of value.

Seized muddamal should ordinarily be released to the person lawfully entitled to it when continued custody serves no useful purpose and risks deterioration or loss of value. The Gujarat HC applied that principle to imported base oil already sampled after seizure, holding that retention in custody was unnecessary. The rejection orders were set aside and release was directed on conditions including a detailed panchnama, photographs, preservation of samples, and furnishing solvent surety.

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Issues: Whether the seized muddamal base oil should be released to the petitioner pending trial.

Analysis: The seized oil had been imported and cleared through the port process, and samples had already been taken after seizure. The Court applied the principle that seized articles should ordinarily be released to the person lawfully entitled to them, after preparing a detailed panchnama, photographs, and a security bond. It also relied on the rule that case property should not be kept in police custody unnecessarily when its retention would serve no useful purpose and may cause deterioration or loss of value.

Conclusion: The rejection orders were set aside and the seized base oil was directed to be released to the petitioner on specified conditions, including furnishing solvent surety, preparing panchnama, and preserving samples and photographs for trial.

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