[S.451 CrPC] No Need To Keep Valuable Articles In Police Custody Till Conclusion Of Trial: Gujarat High Court Reiterates

Justice Ilesh J. Vora stated that 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.

The Court was hearing a petition under Articles 226 and 227 of the Constitution seeking release of muddamal i.e. Gold bar, which was seized and further prayed to quash and set aside the orders of the Additional Sessions Judge and Judicial Magistrate First Class, whereby the applications for releasing the muddamal was rejected.

The court relied upon the judgment of Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638 in which the court held that no useful purpose would be served to keep valuable articles and currency notes in police custody for years till the trial is over and in such cases, Magistrate should pass appropriate orders as contemplated under Section 451 of the CrPC, at the earliest.

The provision stipulates that when any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for proper custody of such property pending conclusion of the inquiry or trial. Properties subject to speedy and natural decay may, after recording necessary evidence, be sold or otherwise disposed of.

The court thus directed release of muddamal - Gold Bar to the petitioner on condition of furnishing personal bond of the equivalent amount.

The court further stated that before handing over the possession of the muddamal to the petitioner, detailed panchnama, if not already drawn, shall be drawn for the purpose of trial.

Case Title: Milanbhai Tarleshbhai Mandaliya v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 22

Coram: Justice Ilesh J. Vora

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