Criminal Procedure Code, 1973, Section 451 -- Release of revolver - Articles not to be kept in police station for a long time and in any case for not more than fifteen days to one month - Power u/s 451 Cr.P.C. should be exercised expeditiously and judicially - Appropriate order should be passed immediately because keeping the article at police station for a long period..........
Essential Commodities Act, 1955, Section 6A, 6C, Criminal Procedure Code, 1973, Section 451, 457, 482 -- Release of vehicle - Alternative remedy - Exercise of inherent powers - Rejection of application for release of seized vehicle used for the purpose of transportation and selling of wheat belonging to Public Distribution System in open market - On revision order..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle seized during investigation of case registered u/ss 302/34 IPC - Held, vehicle in question is material exhibit and could not be released that too while trial is pending - Petition dismissed...........
Criminal Procedure Code, 1973, Section 320(9), 482, Indian Penal Code, 1860, Section 386, 387, 451, 506, 120B -- Compounding of offence - Quashing of criminal proceedings - Complainant, in his counter has, in an unambiguous language as well as in precise and clear terms, stated that they have resolved their disputes amicably and reduced terms of agreement into writing - He..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Claim of petitioner regarding entitlement to get the vehicle as registered owner was not considered by trial Court - Held, trial Court has to decide matter afresh with reference to the documents produced - Case remitted back to trial Court for fresh decision - Petition allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20,60, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on Supardari - Recovery of 225 gms of charas from tool box of vehicle of petitioner - Motorcycle is said to be the case property and liable to be confiscated u/s 50 NDPS Act - Trial likely to take a long time and no useful purpose would be..........
Forest Act, 1927, Section 52(4), 52C, Criminal Procedure Code, 1973, Section 451, 457 -- Forest offence - Release of vehicle - Jurisdiction of Magistrate - Held, in view of bar created in S.52-C of the 1927 Act, vehicle cannot be released by Magistrate after getting intimation of seizure u/s 52 of the 1927 Act - It is authorized officer who is vested with power to pass..........
Criminal Procedure Code, 1973, Section 451, Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Release of documents recovered from accused - Documents ordered to be released on Sapurdari on furnishing Sapurdari Bonds in the sum of Rs.10 Lacs with one surety in the like amount undertaking to produce such..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35, Criminal Procedure Code, 1973, Section 457, 451 -- Cognizance by special court - Presumption u/s 35 against accused - Held, S.35 of the Act reveals that it creates a rebuttable presumption against accused - Said presumption cannot be drawn at initial stage of taking cognizance - It can be invoked only..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Proceedings under Excise Act pending - It is not desirable that a motor vehicle be kept at the Police Station for a long time as it may result in the vehicle becoming junk - Magistrate directed to release vehicle in favour of its registered owner on furnishing adequate security subject to the condition that..........
