Release of liquior
anant kumar
(Querist) 04 March 2012
This query is : Resolved
my client is bonafide licencee of liquior shop and police raided my shop and seized huge quantity of liquior u/s 171f,414 of ipc and sec 47 of exice act.
well mpy petion for release has been rejected by learned C.J.M and SESSION JUDGE on the grounds that seized liquior has been made MATERIAL EXHIBIT bt still samples nt send to fsl.
nw im before honble high court nd get me a judgment of apex crt dat realease of liquior cant be denied because seized articles r material exhibit. plz note dat liquir is perishible item u/s 451 of crpc
Adv.R.P.Chugh
(Expert) 04 March 2012
Ld.Friend,
The court in the fitness of things should release the rest after ordering the retaining of samples.
Though I am not aware of the aforesaid sections involved - there is a judgment on S.451 which may be of some help to you, it deals with the purpose/policy of S.451
Sunderbhai Ambalal Desai v. State of Gujarat AIR 2003 SC
"Powers u/s 451 should be exercised expeditiously and judiciously. it would serve various purposes, namely - 1) Owner 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 article is prepared, that can be used in evidence instead of its production before the court during trial. If necessary, evidence could also be recorded describing the nature of the property in detail.
Shonee Kapoor
(Expert) 05 March 2012
Nothing left to add after the considered opinion of Ld. Mr. Chugh.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 08 March 2012
Mr.Bharat Chug has thoughtfully advised.
