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TMI Blog2010 (7) TMI 1177X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner filed Crl.M.P. No.2100 of 2006 before the Judicial Magistrate, Krishnagiri praying for return of the vehicle and seeking an order of sale thereof. The borrower/owner of the vehicle had, under an affidavit acknowledged his inability to repay the loan amount and consented to the return of the vehicle to the petitioner. The learned Judicial Magistrate directed return of the vehicle to the petitioner interalia on condition that, 'the petitioner execute a bond in a sum of ₹ 5,00,000/-, provide a surety for the likesum and stipulated that the vehicle be not sold, subjected to encumbrance, altered in any manner and without destruction of any evidence'. This petition is filed against such order. The owner of the vehicle has been impleaded as the second respondent under orders of this Court and though notice through court has not been served upon him, proof of service of private notice has been filed before this Court. 3. The petitioner in Crl. O.P. No. 9744 of 2010, who is the owner of a Chevrolet Tavera Car, bearing Regn. No. TN-20-AP-0691 and was using the same as a contract carriage, informs that his vehicle was seized by the respondent police on 20.01.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hesitancy displayed by the lower courts exercising criminal jurisdiction in permitting return of vehicles and sale thereof. This, despite the clear and unambigous directions of the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat, 2003 (1) CTC 175. That several vehicles are held at police stations and court campuses across the State, allowed to rust and go to seed hardly need be informed. Concerned by the issue, which is of general importance, this Court while hearing Crl. O.P. No. 5278 of 2007, has sought the assistance of learned senior counsel Sri Ashok Kumar, Amicus Curiae, who readily has obliged. 5. Learned senior counsel Sri. Ashok Kumar informed that Chapter 34 of the CrPC comprising Sections 451 to 459 dealt with disposal of property. He would state that we primarily are now concerned with section 451 CrPC. -- Order for custody and disposal of property pending trial in certain cases, which corresponds to Section 516-A of the Code of 1898, but it would be useful to refer to Section 452, which deals with the order for disposal of property at conclusion of trial. A reading of sub section 5 thereof, would make clear that, ' the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that various articles are kept at the police station for a long period by not adhering to the procedure prescribed under CrPC, which creates difficulties for keeping them in safe custody. Finally, the sufferers are either the State exchequer or the citizens whose articles are kept in such custody. It is submitted that speedier procedure is required to be evolved either by the court or under the rules for disposal of mudammal articles which are kept at various police stations as most of the police stations are flooded with seized articles. It is, therefore, submitted that directions be given so that burden of the courts as well as at the police stations can, to some extent, be reduced and that there may not be any scope for misappropriation or of replacement of valuable articles by spurious articles. 4. Learned counsel further referred to the relevant Sections 451 and 457 of the Code of Criminal Procedure, which read thus: 451. Order for custody and disposal of property pending trial in certain cases. 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 the proper custody of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... articles in safe custody. 7. In our view, the powers under Section 451 CrPC 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 panchnama before handing over possession of the 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. this jurisdiction of the court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles. 8. The question of proper custody of the seized article is raised in a number of matters. In Basavva Kom Dyamangouda Patil v. State of Mysore 1 this Court dealt with a case where the seized articles were not available for being returned to the complainant. In that case, the recovered ornaments were kept in a trunk in the police station and later it was foun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that at present in the police station premises, a 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 Magistrates who are dealing with such questions to hand over such vehicles to their owners or to the person from whom the said vehicles are seized by taking appropriate bond and 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 the vehicle 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 persons concerned. 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 vehi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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