TaxTMI 
TaxTMI 
2020 (5) TMI 708
X X X X Extracts X X X X
X X X X Extracts X X X X
....019 in Crime No.1880 of 2019 of Pathanamthitta Police Station, the petitioner/claimant has approached this Court seeking modification of the conditions. A learned single Judge, vide reference order dated 09.10.2019, raised the above mentioned question and as ordered by the Hon'ble the Chief Justice, the matter has been placed before us. 3. Short facts relevant for the decision are as follows: Pathanamthitta police registered Crime No.1880 of 2019 for an offence punishable under Section 392 of the Indian Penal Code, 1860 (in short, "IPC"). Annexure-A1 takes in both the first information statement (FIS) and the first information report (FIR). Sales Manager, Krishna Jewellery, Pathanamthitta has lodged FIS on the allegation that the accused 1 to 4 on 28.07.2019 at 16.30 hours trespassed into the jewellery store, tied up the defacto complainant, physically assaulted him and thereafter they robbed 3.5 kgs. of gold ornaments kept in a locker and also Rs. 13 lakhs in cash. Total loss estimated is Rs. 1,25,70,000/-. With these allegations, the case was registered. 4. Annexure-A2 is copy of the petition filed by the defacto complainant under Section 451 Cr.P.C seeking an order for....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Valuable Articles and Currency Notes 11. With regard to valuable articles, such as, golden or silver ornaments or articles studded with precious stones, it is submitted that it is of no use to keep such articles in police custody for years till the trial is over. In our view, this submission requires to be accepted. In such cases, Magistrate should pass appropriate orders as contemplated under Section 451, Cr. P.C. at the earliest. 12. For this purpose, if material on record indicates that such articles belong to the complainant at whose house theft, robbery or dacoity has taken place, then seized articles be handed over to the complainant after :- (1) preparing detailed proper panchnama of such articles; (2) taking photographs of such articles and a bond that such articles would be produced if required at the time of trial; and (3) after taking proper security. 13. For this purpose, the Court may follow the procedure of recording such evidence, as it thinks necessary, as provided under S. 451, Cr. P.C. The bond and security should be taken so as to prevent the evidence being lost, altered or destroyed. The Court should see that photographs ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....disposal of property set out in Chapter XXXIV Cr.P.C.. Section 451 Cr.P.C. is quoted hereunder for clarity: "451. Order for custody and disposal of property pending trial in certain cases.- When any property is produced before any Criminal Court during an inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section, "property" includes - (a) property of any kind or document which is produced before the Court or which is in its custody. (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence." 13. This Section enables the courts to pass orders for custody or disposal of property during or trial. Section 452 Cr.P.C. deals with orders for disposal of property at the conclusion of trial. By virtue of the Explan....
X X X X Extracts X X X X
X X X X Extracts X X X X
....P.Pankajakshan (1985 Cri.L.J. 951) dealing with object, nature and effect of passing an order under Section 451 Cr.P.C. for interim custody. It reads thus: "S.451 enables the Magistrate to provide for interim custody of property pending conclusion of inquiry or trial. It is only a temporary arrangement and what is contemplated is only an interim provision to provide custody with a proper person as the Court thinks fit with liability to produce the property back as and when directed by the Court. The maximum duration of the arrangement is only till conclusion of the inquiry or trial. It follows that the arrangement is only temporary and the main object is to protect or preserve the property pending trial. Even if the person entrusted with interim custody is the owner his possession or custody during the period of entrustment is only as representative of the Court and not in his independent right." It is to be noticed that in this decision, the learned single Judge has not considered the decision in Basavva Kom Dyamogouda Patil v. State of Mysore (AIR 1977 SC 1749). 18. On a plain reading of Section 451 Cr.P.C., it can be seen that the power to order for custody and di....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n Section 451 Cr.P.C confers a discretion upon the court to order sale of property other than a property which is subject to speedy and natural decay. On a careful reading of Section 451 Cr.P.C., we agree with the view expressed by the learned single Judge. 20. When a criminal court exercises its jurisdiction under Section 451 Cr.P.C., the following aspects become germane for consideration: (I) Any property must have been produced before the court during inquiry or trial (II) The court must have been called upon to make such order as it thinks fit for the proper custody of such property pending conclusion of the inquiry or trial. (III) Nature of property should be such that it is subject to speedy and natural decay or the court considers it is otherwise expedient to order proper custody, pending conclusion of the inquiry or trial (IV) The court should consider about the necessity of recording such evidence as it thinks fit depending on the facts in each case. (V) Property can be disposed of either by sale or otherwise. 21. Learned Prosecutor relied on State of Maharashtra v. Dr.Praful B.Desai ((2003) 4 SCC 601). It is observed by the Sup....
X X X X Extracts X X X X
X X X X Extracts X X X X
..... after taking necessary evidence and following the directions in Sunderbhai Ambalal Desai's case, may release the article under Section 451 Cr.P.C. with the safeguards mentioned in the above decision and also with a direction to produce the same in the same condition as and when directed, especially when there is a rival claimant for the ornaments. If there is no rival claimant and no dispute is raised by the accused regarding the nature, shape, weight, etc. of the ornaments in question, in appropriate cases, the court may even return the same without a condition to produce them in the same condition on a later date. (b) In a case involving theft of huge quantity of gold ornaments from a jewellery store or from a jewellery manufacturing unit, the court should take extra precautions to see whether the claimant has established, by cogent evidence, a strong prima facie case to show his entitlement for staking the claim. In such cases, there ought to be records to support his claim. If there are sufficient documentary evidence showing his unquestionable entitlement to the articles, especially in a case where there is no rival claimant for the jewellery, we find no reason ....