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Issues: Whether seized vehicles and other properties lying in police stations and malkhanas should be promptly produced before the Court and disposed of or released without undue retention.
Analysis: The issue was considered in light of the scheme of the Code of Criminal Procedure, 1973 and earlier decisions emphasising that seized property should not remain in police or court custody longer than necessary. The Court directed that seized properties be produced before the concerned Court within one week of seizure, and that custody or disposal orders be passed expeditiously, normally within two weeks thereafter. It further held that retention in malkhana should not ordinarily exceed three months and in no case six months, and that perishable or decaying property may be sold with proceeds kept in a separate bank account. For vehicles, the Court prescribed safeguards for release, including panchnama, digital photographs, video recording, encryption, valuation, security bond, notice to relevant parties, and public auction where the vehicle is unclaimed.
Conclusion: Seized vehicles and other properties are to be promptly released or otherwise disposed of by the concerned Courts with specified safeguards, and prolonged retention in police custody is impermissible.
Ratio Decidendi: Seized property should be retained only for the minimum period necessary for the case, and courts must ensure prompt custody or disposal orders with suitable evidentiary safeguards to prevent deterioration and wastage.
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