Cr.P.C.
Arvind Singh Chauhan
(Querist) 15 August 2009
This query is : Resolved
Sir,
please tell me the provision under which court can release a property, which was recovered by police during the search of arrested person but is not case property, as accused private money or credit card or driving license. Please cite the ruling if any.
I am facing the problem because court has ignored the plea of my client to release his driving license and says that it has no concern with the property which is not a case property.
R.R. KRISHNAA
(Expert) 15 August 2009
If the case is pending then the provision is 451 CrPc.
If the case is already disposed then the provision is 452 CrPC.
The following judgments may be useful to you:
1954 MWN Cr.111
1954 MWN Cr.230 (SC)
1954 SC 312
1983 SC 60
1977 SC 1749
1979 SC 1829
1983 L.W. (Crl) 74
Kiran Kumar
(Expert) 15 August 2009
Krishna is right.
pls have reference to those sections.
Guest
(Expert) 16 August 2009
Under section 451 of Cr.P.C. you can very well seek the custody of the articles said to have been seized by the police. Upon rejecting your application by the Learned Magistrate you kindly challange the order of the learned magistrate before the HIghcourt under section 482 read with 451 of Cr.P.C..
AIR 2003 SC 638 para 4
The Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, has held that powers under Section 451 Cr. P. C. should be exercised expeditiously and judicially, it would serve various purposes, namely:
(1) Owner of the article would not suffer because of its remaining unused or by its misappropriation; (2) Court or the police would not be required to keep the article in safe custody; (3) If the proper panchnama before handing over possession of article is prepared, that can be used in evidence instead of its production before the Court during the trial. If necessary, evidence could also be recorded describing the nature of the property in detail; and (4) This jurisdiction of the Court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles.
A. A. JOSE
(Expert) 16 August 2009
I fully endorse above views.
Arvind Singh Chauhan
(Querist) 16 August 2009
Sir,
I am agree with you but if you go through the language of Sec 451 Cr.P.C. it envisage" property which is produced before court". In this case such property is not produced in court as being not a case property. it was confiscated by police only during arrest from the accused,AS "JAMA TALASHI" of which entry is made in police General diary. "That during search the Driving license was confiscated". Court says the Sec 451 and 452 relates only to the property produced before it during trial or in evidence. In my case several theft article were seized and produced before court but his driving was not produced in court as being not a case property.
murugan
(Expert) 16 August 2009
file petition u/s 457 to produce property and then u/s451 for interim custody till the disposal of case
Guest
(Expert) 16 August 2009
Kindly refer the below cited section and judgment
Cr.p.c.457. Procedure by police upon seizure of property- (1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation."
Citation :
1989 CRI. L. J. 1998 "B.S. Rawant v. Sk. Abdul Karim"
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