[S.457 CrPC] Seized Articles Not Produced Before Court Can Be Released Even When Investigation Is Pending: Gauhati High Court

The division bench of Justice Michael Zothankhuma and Justice Malasri Nandi was hearing a batch of petitions referred by a single judge bench to decide whether pending investigation, seized articles can be released by the Court, by exercising the jurisdiction, either under Section 451 or under Section 457 of the CrPC.

The bench held,

"At the investigation stage, seized articles cannot be released by a Court under Section 451 Cr.P.C. However, under Section 457 Cr.P.C., the Criminal Court has the jurisdiction to give custody of seized property/articles at the stage of investigation, when those seized property are not produced before the Court."

The bench said the words “and such property is not produced before a Criminal Court during an inquiry or trial” appearing in Section 457(1) of the Code cannot be restricted to mean that the stage of inquiry or trial is a condition precedent for a Court to exercise jurisdiction at the investigation stage.

It said the fact that Supreme Court in Ram Prakash Sharma vs. State of Haryana, (1978) 2 SCC 491 has given a direction to the Criminal Court to consider release of seized property/articles at the investigation stage under Section 457 Cr.P.C, shows that Section 457 Cr.P.C. can be applied by the Criminal Court at the investigation stage for release of seized property.

It rejected Additional Advocate General PN Goswami's submission that a court cannot release seized articles under Section 451, 457 or 102 of CrPC during the stage of investigation, unless and until the case reaches the stage of enquiry or trial.

He had also submitted that under Section 451 CrPC, the seized property is produced before the criminal Court during an inquiry or trial whereas under section there is no production of the seized property before a criminal Court during an enquiry or trial under Section 457 CrPC, though the seizure of the property by the Police during investigation is reported to the Magistrate under Section 457 CrPC.

He contended that as the criminal Court does not have the power to release custody of property under Section 451 CrPC unless the case reaches the stage of inquiry or trial, the same yardstick would apply to release of seized property under Section 457 CrPC.

The court held that the words “and such property is not produced before a Criminal Court during the inquiry or trial” appearing in Section 457(1) CrPC would have to be considered to be a reference to a stage of investigation and not the stage of inquiry or trial.

The court noted that the report of the seizure of property under Section 457 CrPC which has not been produced at the stage of investigation, could be to a Magistrate who may not have the jurisdiction to hold the inquiry or trial on the submission of the charge-sheet in the said case.

The court held: “we are of the view that the power conferred under Section 457 Cr.P.C cannot be given a restrictive meaning, as the power under the said provision can be exercised by a Magistrate who has no power to hold an inquiry or trial of the case, in which the seized property is involved in.”

Case Title: The State of Assam & Anr. v. Ram Sankar Maurya and Other related petitions

Citation: 2023 LiveLaw (Gau) 35

Coram: Justice Michael Zothankhuma and Justice Malasri Nandi

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