S.451 CrPC | Seized Property Can't Be Allowed To Become Junk, Court Should Expeditiously Issue Custody Orders: Rajasthan High Court

The Rajasthan High Court has reiterated that power under Section 451 CrPC for custody and disposal of seized property produced before any criminal court during pendency of a trial, needs to be exercised expeditiously.

A bench of Justice Anil Kumar Upman was hearing a petition challenging an order that had declined petitioner's prayer of releasing his car that was seized in relation to an FIR against him under the NDPS Act.

The counsel for the petitioner argued that the petitioner being the registered owner of the car was best entitled to get back its possession before it turns into junk from remaining unused. Reference was made to the case of Sundarbhai Ambalal v State of Gujarat. The Court took note of the case and made the following observation:

“The purport of the case law cited by learned counsel for the petitioner is that the power under Section 451 Cr.P.C. should be exercised expeditiously. The reason being that owner of the article should not suffer because of it remaining unused and the police should not be required to keep the article in safe custody. It has been further laid down in the aforecited case law that while giving custody of the article, the article should be released on proper security. Furthermore, in the aforecited precedent law, the Hon'ble Apex Court has held that the court should pass appropriate orders immediately and the articles should not be kept for a long time at the police station.”

Accordingly, the Court allowed the petition and directed the trial court to release the car with a condition that the petitioner shall furnish a deed of hypothecation and security of Rs. 10,000 each to the satisfaction of the trial court.

Furthermore, petitioner was asked to provide an undertaking to the effect that he won't sell or alienate the vehicle without court's permission, or won't use the vehicle for any illegal or unlawful purpose, and would produce it before the trial court whenever asked.

Title: Kaniram v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 120

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