Supreme Court on release of seized property on Supratnama

To avoid a situation, in our view, powers under Section 451 Cr.P.C. should be exercised promptly and at the earliest.

Valuable Articles and Currency Notes

11. With regard to valuable articles, such as, golden or silver ornaments or articles studded with precious stones, it is submitted that it is of no use to keep such articles in police custody for years till the trial is over. In our view, this submission requires to be accepted. In such cases, Magistrate should pass appropriate orders as contemplated under Section 451 Cr.P.C. at the earliest.

12. For this purpose, if material on record indicates that such articles belong to the complainant at whose house theft, robbery or dacoity has taken place, then seized articles be handed over to the complainant after:--

(1) preparing detailed proper panchnama of such articles;

(2) taking photographs of such articles and a bond that such articles would be produced if required at the time of trial; and

(3) after taking proper security.

13. For this purpose, the Court may follow the procedure of recording such evidence, as it thinks necessary, as provided under Section 451 Cr.P.C. The bond and security should be taken so as to prevent the evidence being lost, altered or destroyed. The Court should see that photographs of such articles are attested or countersigned by the complainant, accused as well as by the person to whom the custody is handed over. Still however, it would be the function of the Court under Section 451 Cr.P.C. to impose any other appropriate condition.

14. In case, where such articles are not handed over either to the complainant or to the person from whom such articles are seized or to its claimant, then the Court may direct that such articles be kept in bank lockers. Similarly, if articles are required to kept in police custody, it would be open to the SHO after preparing proper panchnama to keep such articles in a bank locker. In any case, such articles should be produced before the Magistrate within a week of their seizure. If required, the Court may direct that such articles be handed over back to the Investigating Officer for further investigation and identification. However, in no set of circumstances, the Investigating Officer should keep such articles in custody for a longer period for the purpose of investigation and identification. For currency notes, similar procedure can be followed.

Vehicles

15. Learned senior counsel Mr. Dholakia, appearing for the State of Gujarat further submitted that at present in the police station premises, number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrate who are dealing with such questions to hand over such vehicles to its owner or to the person from whom the said vehicles are seized by taking appropriate bond and the guarantee for the return of the said vehicles if required by the Court at any point of time.

16. However, the learned counsel appearing for the petitioners submitted that this question of handing over vehicles to the person from whom it is seized or to its true owner is always a matter of litigation and a lot of arguments are advanced by the concerned persons.

17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.

18. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company then insurance company be informed by the Court to take possession of the vehicle which is not claimed by the owner or a third person. If Insurance company fails to take possession the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared.

19. For articles such as seized liquor also, prompt action should be taken in disposing it of after preparing necessary panchnama. If sample is required to be taken, sample may kept properly after sending it to the chemical analyser, if required. But in no case, large quantity of liquor should be stored at the police station. No purpose is served by such storing.

20. Similarly for the Narcotic drugs also, for its identification, procedure under Section 451 Cr.P.C. should be followed of recording evidence and disposal. It identity could be no the basis of evidence recorded by the Magistrate. Samples also should be sent immediately to the Chemical Analyser so that subsequently, a contention may not be raised that the article which was seized was not the same.

IN THE SUPREME COURT OF INDIA

Special Leave Petition (crl.) 2745 of 2002

Decided On: 01.10.2002

 Sunderbhai Ambalal Desai  Vs. State of Gujarat

Hon'ble Judges/Coram:

M.B. Shah and D.M. Dharmadhikari, JJ.

Citation: AIR 2003 SC 638,(2002) 10 SCC 283,

Criminal Procedure Code - Sections 451 and 457 - 

Referred to:
1977 (4) SCC 358; Basavva Kom Dyamangouda Patil Vs State of Mysore, 1977 AIR(SC) 1749

COMPARATIVE CITATIONS:
2003 AIR(SC) 638, 2002 (10) SCC 283, 2002 (10) JT 80, 2002 (9) Scale 153, 2002 (8) Supreme 525, 2002 (7) SLT 131, 2003 (1) SRJ 520, 2003 SCC(Cr) 1943, 2002 (4) CCR 345, 2003 (1) JCC 86, 2003 (1) RentCR 380; 2003 (2) KLT 1089; 2003 (1) CTC 175, 2003 ALL MR (CRI) 363, 2003 (46) ALLCRIC 223, 2003 (1) ALLCRIR 656, 2003 (2) ALLINDCAS 964, 2003 (1) ALD(Cri) 8, 202 AIR(SCW) 5301, 2003 (24) OCR 444, 2003 (3) MHLR 354, 2003 SCC(Cr) 1943, 2003 (1) GLH 307, 2003 (2) GLR 1337, 203 (2) GCD 1507, 2003 CalCriLR 122, 2003 (1) ChandLR 302 (Civ&Cri), 2003 (1) UJ 590, 2003 (4) JLJR 134, 2003 (1) JCR 153, 2003 (4) PatLJR 244, 2003 (4) ILR(Kar) 2244, 2003 (3) RAJLW 356

Key words
#vehicle
#seizure
#release