Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Provisions of S.451 Cr.P.C. are applicable to vehicle seized under NDPS Act...........
Criminal Procedure Code, 1973, Section 451, 482 -- Offence u/ss 41, 52, 52-A of Indian Forest Act and Ss.27, 29, 39(1)(d), 51, 52 of Wildlife Protection Act - Release of seized vehicle - Dismissal of application by Magistrate and Session Judge - Application u/s 482 Cr.P.C allowed - As per the provisions of Forest Act and Wildlife Protection Act it is the Authorised Officer..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Vehicle not used in commission of offence - Merely because there were rival claims about ownership of truck that does not warrant seizure of vehicle - Vehicle in question directed to be released on sapurdari to its registered owner on such terms and conditions as trial Court may feel fit to impose...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in murder case - Initially custody of vehicle granted to appellant/brother-in-law of deceased, as he filed an application of custody of vehicle - Respondent/wife of deceased also filed application seeking interim custody of vehicle - Magistrate passed an order by which said vehicle..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Recovery of 24 liters Beer from vehicle in question - Vehicle should be produced before Collector or designated Authorized Officer within a reasonable time - It was not ascertained by Court below while rejecting application for release of vehicle whether actually vehicle has been produced before..........
Criminal Procedure Code, 1973, Section 397, 451 -- Revision - Maintainability - Order passed u/s 451 Cr.P.C is not interlocutory in nature, as it determines constitutional rights of party for return or disposing of properties - Revision against such order is maintainable...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Property which is sought to be returned will lose its value and ultimately it is of no use to any stake holder in keeping the property in custody of police - Court is satisfied that vehicle is liable to be returned to owner - Application allowed with conditions...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of gold and silver ornaments etc. - Application filed by wife of accused against whom case is registered u/ss 13(1)(e), 13(2) of P.C Act - Court below rejected the application on ground that if interim custody of ornaments is given to applicants, there is every chance of changing their nature - However, even if..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Release of vehicle - Vehicle involved in NDPS case - Vehicle is in possession of police since 2016 and it may outclaim its utility on account of its lying part without any use - Moreover, similar petition of co-accused has been allowed - Trial Court directed to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 451 -- Offence u/ss 8, 21 of NDPS Act - Release of seized vehicle - Vehicle involved in NDPS case - Vehicle should not be permitted to remain parked in police station as same shall gather rust and shall not remain useful - Trial Court directed to release vehicle..........