Can a magistrate release seized articles before taking taking cognizance
Sheikh Hilal 18 October 2024
Can a magistrate release seized articles before taking taking cognizance
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 18 October 2024
Sheikh Hilal 18 October 2024
Can a magistrate release articles at pre cognizance stage if yes then under what provision
T. Kalaiselvan, Advocate (Advocate) 19 October 2024
No, a judicial magistrate cannot release seized items before taking cognizance
The court exercises an overall control on the actions of the police officers in every case where it has taken cognizance. 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 should be handed over to the complainant after : (i) (ii) (iii) (i) (ii) (iii) 2. Preparing detailed proper panchnama of such articles, Taking photographs of such articles and a bond that such articles would be produced if required at the time of trial, and After taking proper security.
As the seizure of property by the police amounts to a clear entrustment of the property to government servant, the idea is that the property should be restored to the original owner after the necessity to return it ceases. It is manifest that there may be two stages when the property may be returned to the owner. In the first place, it may be returned during any inquiry or trial. This may particularly be necessary where the property concerned is subject to speedy or natural decay. There may be other compelling reasons also which may justify the delivery of the property to the owner or otherwise in the interest of justice.