Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles/ornaments/currency notes - Articles/ornaments/currency notes have been seized only on the count that when personal search of petitioner was made before his arrest, he was wearing the same - Same has no direct or indirect nexus with alleged crime - No objection from taxation department or income..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized amount - Condition of furnishing bank guarantee - Petitioner is a victim of a cyber fraud - Investigating agency has not been able to find out the details of account holders till date - No fruitful purpose would be served by keeping the amount of Rs.2,57,000 on hold - Impugned order modified to the extent..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized non-judicial stamp register - Case under NDPS Act - Seized register is a corroborative piece of evidence - It is therefore directed that certified zerox copy of seized register be obtained and same be placed on record and after that seized non-judicial stamp register will be handed over to petitioner with..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money involved in NDPS case - Petitioner has been released on bail - Whether cash recovered from petitioner at the spot was a drug money or not has to be established and determined upon conclusion of trial - No contraband recovered from petitioner - In such circumstances lying of amount with..........
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..........
