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Issues involved:
The issues involved in the judgment are the right of the prosecuting agency to ask for remand of accused police inspectors for evidence collection, the proper custody and disposal of seized articles, and the handling of vehicles, liquor, and narcotic drugs seized during investigations. Remand of Accused Police Inspectors: The police inspectors serving the Gujarat State contended that the prosecuting agency had no right to seek remand of the petitioners for evidence collection as anticipatory bail had been granted to them. The petitioners were accused of various offenses under Sections 429, 420, 465, 468, 477-A, and 114 IPC. The High Court rejected the application against the remand order, leading to special leave petitions in the Supreme Court. Proper Custody and Disposal of Seized Articles: During the hearing, it was highlighted that various articles kept at police stations for extended periods create difficulties in safe custody, potentially leading to misappropriation or replacement of valuable items. Reference was made to Sections 451 and 457 of the Code of Criminal Procedure empowering the Court to make orders for proper custody and disposal of seized property. The need for expeditious and judicious exercise of these powers was emphasized to prevent suffering to owners, reduce burden on courts and police, and avoid tampering with evidence. Handling of Vehicles, Liquor, and Narcotic Drugs: Concerns were raised regarding the unattended vehicles accumulating at police stations, leading to a suggestion for Magistrates to promptly order the return of seized vehicles to their owners or auction them if unclaimed. Similar prompt action was advised for disposing of seized liquor and narcotic drugs, including sending samples for analysis and avoiding prolonged storage. The importance of exercising powers under Section 451 Cr.P.C. promptly and ensuring proper supervision by the Registry of the concerned High Court was stressed to prevent unnecessary delays in handling seized articles. This judgment emphasizes the importance of efficient and timely handling of seized articles, vehicles, liquor, and narcotic drugs to prevent misappropriation, ensure proper custody, and expedite legal proceedings.
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