Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized under Mines and Minerals Act - No confiscation proceedings are pending qua vehicle in question and same is case property - Vehicle released on furnishing bank guarantee of Rs.1 lakh with other incidental directions...........
Criminal Procedure Code, 1973, Section 451, 457, Indian Penal Code, 1860, Section 379 -- Release of seized vehicle - Vehicle involved in illegal transportation of sand - Theft - Concerned authority/revenue officials have not filed any private complaint and also have not filed any application before designated Court seeking to confiscate said vehicle and other materials,..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Vehicle involved in NDPS case - Car in question if retained on ground being case property liable to confiscation and kept idle in police station, then same is likely to convert into junk - Any public auction of car in question is not only likely to take long time but may fetch amount higher than reserved..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question - He claims to have sold the same to his brother through an agreement - Moreover, petitioner was not present in vehicle when seizure was effected and he is not the accused in the case - Even recovered..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Solely for the reason that vehicle and other articles are likely to be confiscated after trial, conditional release of vehicle and other articles on supurdginama and surety cannot be denied - Vehicle released on supardgi till completion of trial with conditions...........
Criminal Procedure Code, 1973, Section 451 -- Seized property - Sale of property which is not subject to speedy and natural decay, shall not be permitted or ordered as a matter of course - It is necessary that Court shall be satisfied that it is expedient to sell property in given set of facts and circumstances...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Interim custody - Preservation of property during trial of case - It is not necessary that original property inevitably has to be preserved and produced - Reception of secondary evidence is permissible - Instead of producing original property production of photographs of property, depicting all..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized ornaments - Condition not to alter or dispose of silver and gold ornaments till final disposal of case - Ornaments were articles of business conducted by petitioner which were robbed from his possession - If petitioner is not granted permission for sale of ornaments, it would cause undue hardship to him - He..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - There is no restriction or prohibition in releasing a vehicle to interim custody of proper person on the ground that it was used for commission of an offence...........
