sale permission for vehicle taken on possession
Gaurav mishra
(Querist) 29 April 2010
This query is : Resolved
is there any ruling regarding sale permission.for the vehical taken on supurdari from court u\s 451\457 cr. p.c.
Parthasarathi Loganathan
(Expert) 29 April 2010
Could U please specifically throw light on the case. Cr.P.C related issues cannot be generalized.
Raj Kumar Makkad
(Expert) 29 April 2010
vehicle on sapurdari cannot be sold until the case ends. The term of sapurdari is that neither the colour of the vehicle shall be changed nor it shall be disposed off in any manner and shall remain with the sapurdar till the trial goes on and further that the said vehicle shall be produced in the court by sapurdar as and when required.
H. S. Thukral
(Expert) 30 April 2010
You can seek permission of the court to sell it. Court can direct the Police to prepare a panchnama and allow you to sell it.
Parveen Kr. Aggarwal
(Expert) 01 May 2010
Section 451 of the Code of Criminal Procedure, 1973:
"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."
