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TMI Blog2016 (3) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... y when the property is produced before such court 'in an inquiry or trial', the embargo to invoke the power under Section 457 Cr.P.C. comes. On looking into the scheme of the Code of Criminal Procedure, it seems that all such cases, which do not fall under the provisions of Sections 451 and 452 Cr.P.C., it squarely falls under Section 457 Cr.P.C. Here, the stage at which the property was produced and even the stage at which the court below has passed the impugned order was neither the stage of inquiry nor trial. Therefore, the court below could have considered the matter only with the aid of Section 457 Cr.P.C. Matters being so, the court below ought not have allowed the claims mooted under Section 451 Cr.P.C. The impugned order passed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by such conditions as may be imposed by the Adjudicating Authority for the release of the goods to him. - Matter disposed of - CRL.M.C. No.6239 of 2015 - - - Dated:- 2-11-2015 - B. KEMAL PASHA, J. For the Petitioner : Adv. Sri.C.P.Mohammed Nias For the Respondent : Public Prosecutor Smt.Maya, Adv. Sri.Sasthamangalam S. Ajithkumar And Adv. Sri.K.M.V.Pandalai, Income Tax Department ORDER On 04.08.2015, the Circle Inspector of Police, Iritty, intercepted a car, searched the body of two persons, who were travelling by the car, and consequently seized three gold bars weighing 3 kgs. from the possession of the driver of the car. In the inspection of the car, a secret chamber was traced out, from which Indian currency no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty is produced before any criminal court during an 'inquiry or trial', the court may make such order as it thinks fit for the 'proper custody' of such property pending the conclusion of the 'inquiry or trial'. Therefore, the stage of the proceedings contemplated under Section 451 Cr.P.C. is either inquiry or trial. The court can deal with the said question under Section 451 Cr.P.C. by deciding the person as to whom the said property is to be released to the proper custody . Such stage should be at the stage of an 'inquiry or trial' and such 'proper custody' also should be pending the conclusion of the 'inquiry or trial'. If the stage of inquiry is over and the court decides to conduct the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case with the 2nd respondent also. The learned counsel for the petitioner has pointed out that the 2nd respondent had also approached the court below with a claim under Section 451 Cr.P.C. and the said claim stands allowed. 10. The seizure and the consequent report in this case before the court below squarely falls within the realm of Section 102(3) Cr.P.C. When such a seizure is made and the seizure is relating to a property brought in suspicious circumstances, the police officer who seized the property shall forthwith report the matter to the nearest Magistrate, and shall produce such property before Court except in cases wherein such property cannot be conveniently transported to the Court or where there is difficulty in securing pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Matters being so, the court below ought not have allowed the claims mooted under Section 451 Cr.P.C. The impugned order passed by the court below by releasing the property under Section 451 Cr.P.C., is therefore, not in accordance with law. 13. At the same time, when it is possible to take a view that the property was produced by the police on seizure under Section 102(3) Cr.PC. before the court below, not in an inquiry or trial, the court below could have decided the question as to who was the person entitled to possession of that property at that stage. At that stage, no doubt, the Customs Authorities were the persons entitled to the possession of the said property. Even though, it was through an order which was not in accordance wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 110-A of the Customs Act. What is contemplated under Section 110-A is that the said person making the claim should be the owner of the goods to be released, and he shall furnish such security and abide by such conditions as may be imposed by the Adjudicating Authority for the release of the goods to him. 16. However, the learned counsel for the petitioner has pointed out that the court below has taken the view that the gold involved in the case are smuggled articles. That should not weigh with the Adjudicating Authority or the Customs Authority who is dealing with the matter, while taking a decision. The said observations made by the court below are premature and out of place, and were not required in a matter like this. Moreover ..... X X X X Extracts X X X X X X X X Extracts X X X X
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