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 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 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Conditional release of vehicle cannot be denied solely for the reason that vehicle and other articles are likely to be confiscated after trial - Vehicle held, released on supardgi till completion of trial with conditions...........
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...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Before releasing any property to interim custody of a person, it is necessary for Court to ensure that evidence is not lost, altered or destroyed...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Offence u/ss 324, 326, 308, 34 IPC - Petitioner is owner of car - There can be no objection to release of vehicle to his interim custody - However, it is not proper for this Court to pass any orders releasing vehicle to interim custody of petitioner without verifying the documents - Impugned order..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A(1), Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Special Act providing procedure for dealing in specified goods - Special statute has to be followed by Magistrate - Magistrate does not have jurisdiction to entertain a petition u/s 451 of Cr.P.C. in..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - If confiscation proceedings is not initiated before competent authority, Magistrate is not precluded from exercising jurisdiction u/s 457 Cr.P.C for delivery of property seized to person entitled for possession thereof...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Conditional release of vehicle cannot be denied - Vehicle in question released with conditions...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle/article/currency notes u/s 451 Cr.P.C - Cannot be restricted merely on account of fact that they were used for commission of any offence...........
