Sale of seized property pending trial may be ordered when expedient, with sample retention safeguarding the criminal case.

Section 451 of the Code of Criminal Procedure permits a criminal court to order sale of seized property pending trial not only when the property is perishable, but also when sale is otherwise expedient. The seized goods were not shown to be subject to speedy decay, yet the Magistrate could still authorise sale because the defence did not oppose the request, the goods were occupying storage space, and preservation of representative sample pieces was enough to protect the trial. The refusal to permit sale was therefore unsustainable, and the impugned order was set aside with a direction to sell the case property after retaining samples for trial.

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Issues: Whether the Magistrate could refuse sale of seized case property pending trial, and whether the High Court should interfere with that refusal.

Analysis: Section 451 of the Code of Criminal Procedure empowers the trial court to pass appropriate orders regarding property produced before it during trial, including sale where the property is subject to speedy and natural decay or where it is otherwise expedient to do so. The property in question was not shown to be perishable, but the Court found that the Magistrate could still exercise discretion to permit sale because the defence had not opposed the request, the goods were occupying storage space, and keeping them for a long period could prejudice the interests involved. The need to preserve only representative samples for trial was treated as sufficient protection for the criminal proceedings.

Conclusion: The refusal to permit sale of the seized property was unsustainable, and the petition was allowed by setting aside the impugned order and directing sale of the case property after preserving sample pieces of each category for trial.

Ratio Decidendi: Under Section 451 of the Code of Criminal Procedure, a criminal court may order sale of seized property pending trial not only when the property is perishable, but also whenever such a course is otherwise expedient, provided adequate safeguards are retained for the trial.

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