Criminal Procedure Code, 1973, Section 451, Constitution of India, 1950, Article 226 -- Release of seized vehicle - When there is a specific statutory provision contained in Cr.P.C. empowering criminal Court to pass appropriate order for the proper custody and disposal of the property pending the inquiry or trial, appellant could not have invoked the extraordinary..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle in question appears to have been seized as it was allegedly carrying huge quantity of liquor exceeding the prescribed quantity - However, there is nothing on record to suggest as to whether the said vehicle was sought to be produced before the concerned Court so as to invoke S.451 Cr.P.C or..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS Act - Petitioner is the registered owner of vehicle - Court should pass appropriate orders immediately and articles should not be kept for a long time at the police station - Vehicle in question directed to be released in favour of petitioner on supurdaginama of Rs.1 lakh and..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in Uttar Pradesh Prevention of Cow Slaughter Act - Petitioner is the registered owner of vehicle - Ownership of vehicle is not in dispute - No useful purpose will be served in keeping the vehicle stationed at police station in open yard for a long period allowing it to be damaged..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Release of seized vehicle - Jurisdiction of Court - Vehicle involved in NDPS case - Application for interim custody of vehicle rejected on the ground that Magistrate has no jurisdiction since the vehicle was seized u/s 52 of NDPS Act - However, jurisdiction of..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - For releasing the vehicle u/s 451 r/w S.457 Cr.P.C, ownership of vehicle is not relevant - It is only relevant when there is dispute regarding possession of ownership of goods or vehicle...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle was recovered from the possession of accused - Trial Court dismissed the application only on the ground that accused is not having any registered certificate in his name and vehicle is registered in the name of one `B' - However, for releasing the vehicle u/s 451 r/w s.457 Cr.P.C,..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Jurisdiction of Special Court - During pendency of trial and confiscation proceedings, Special Court is empowered to release an article, thing or vehicle to interim custody of the rightful owner..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Provisions of confiscation in Ss.60, 63 of NDPS Act or seriousness of the allegation levelled against petitioner cannot be grounds for refusal to release an article, thing or vehicle to interim..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Keeping the vehicle or article in safe condition in police station is no ground to refuse the release of same to interim custody to rightful owners, otherwise, they would turn into scrap/junk in course of time and it would be wastage of national resources...........
