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Supreme Court Of India

(From : Gujarat)*

Hon'ble Judge(s): M. B. Shah, D. M. Dharmadhikari , JJ

Criminal P.C. (2 of 1974) , S.451— Disposal of property pending trial - Powers of Court - Powers under S. 451 should be exercised expeditiously and judiciously - Court to pass appropriate orders immediately and articles are not to be kept for a long time at police station, in any case, for not more than 15 days to one month - Procedure for disposal of seized valuable articles and currency notes, vehicles, seized liquor and Narcotic drugs suggested. The powers under S. 451, Cr. P.C. should be exercised expeditiously and judiciously. It would serve various purposes, namely :- 1. Owner of the article would not suffer because of its remaining unused or by its misappropriation; 2. Court or the police would not be required to keep the article in safe custody; 3. If the proper panchanama before handing over possession of article is prepared, that can be used in evidence instead of its production before the Court during the trial. If necessary, evidence could also be recorded describing the nature of the property in detail; and 4. The jurisdiction of the Court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles. The procedure for disposal of seized articles and currency notes, vehicles, seized liquor and Narcotics drugs sugges....