Criminal Procedure Code, 1973, Section 451 -- Release of seized amount - Recovery of contraband and bag containing 6 lakhs - Question as to whether money recovered is drug money or not has to be established and determined upon conclusion of trial - Lying amount with prosecution agency is going to devalue the same - Amount directed to be released in favour of petitioner..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles - During pendency of investigation - Seized articles cannot be released by Court u/s 451 Cr.P.C at the stage of investigation - However, u/s 457 Cr.P.C, Court has jurisdiction to give custody of seized property/articles at the stage of investigation when those articles are not produced before..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Interim custody of vehicle alleged to be used in committing offence under NDPS Act cannot be denied on the ground of severity of offence...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Interim custody of vehicle cannot be denied on the ground that it is liable to be confiscated in case the offence is proved against accused...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle - There is no reason to deny interim custody of vehicle to owner or person entitled to get possession of vehicle - If the vehicle is allowed to be kept in police station for an indefinite period then value of vehicle shall be..........
Criminal Procedure Code, 1973, Section 451 -- Release of muddamal (Gold bar) - Court or Police would not be required to keep article in safe custody and if proper panchanama before handing over possession of article is prepared, that can be used in evidence instead of its production before Court during trial - Gold bar directed to be released on condition of furnishing..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized under NDPS Act - When contraband is recovered from body of accused who traveled in the vehicle, it cannot be hold that vehicle also has been used as conveyance so as to make same as a subject matter of confiscation - Vehicle released on interim custody on conditions...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Appellant is registered owner of vehicle but had not participated in offence as alleged by prosecution nor had knowledge of alleged transaction - Vehicle in question released on terms and conditions to be determined by Special Court...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Application for release of vehicle cannot be rejected on the ground of identification, as photographs of vehicle with panchnama by I.O can be taken while releasing vehicle...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in offence u/ss 307, 341, 506, 34 IPC - Magistrate or Court has power to dispose of application for releasing vehicles to RC owners by imposing certain conditions - Rejection of application for releasing the vehicle thus, not proper - Application allowed...........
