2002 Supreme(SC) 982

2002(8) Supreme 525
SUPREME COURT OF INDIA
(From Gujarat High Court)
M.B. Shah & D.M. Dharmadhikari, JJ.
Sunderbhai Ambalal Desai -Petitioner
versus
State of Gujarat -Respondent
Special Leave Petition (Crl.) No. 2745 of 2002
With
Special Leave Petition (Crl.) No. 2755 of 2002
Decided on 1-12-2002
Counsel for the Parties :
For the Petitioners : Ujwal Kumar Jha, Aslam Ahmed, Ranjan Kumar Jha, Nakul Dewan, Ejaz Maqbool, Advocates.
For the Respondent : S.K. Dholakia, Sr. Advocate and Ms. Hemantika Wahi, Advocate.

VERY IMPORTANT POINT
To avoid State s vicarious liability for alleged misappropriation of seized articles by police concerned magistrates should exercise their powers under Section 451 Cr.P.C. 1973 judiciously and promptly as indicated in this landmark order. In no case seized valuables, currency notes, vehicles, liquors and narcotic drugs be kept in police stations for more than 15 days to one month. Registry of the concerned High Court should also see that the rules framed by the High Court with regard to such articles are implemented properly.

Headnote:Criminal Procedure Code, 1973-Section 451-Order for custody and disposal of property pending trial in certain cases-Scope-Implementation with regard to valuable articles and currency notes, vehicles, liquors and Narcotic drugs to avoid State s vicarious liability-Powers to be exercised by concerned magistrates promptly and judiciously-Articles are not kept in police stations for more than 15 days to one month-Registry of High Court should see rules framed by High Court in this regard are implemented properly (Cr.P.C. 1973-Section 457-Gujarat Police Manual-Procedure by police upon seizure of IPC 1860-Sections 429, 420, 465, 468, 477-A and 114).

       Held : Section 451 clearly empowers the Court to pass appropriate orders with regard to such property, such as-

        (1) for the proper custody pending conclusion of the inquiry or trial;

        (2) to order it to be sold or otherwise disposed of, after recording such evidence as it think necessary;

        (3) if the property is subject to speedy and natural decay, to dispose of the same. (Para 5)

       To avoid State s liability in case of loss or misappropriation of such articles held to avoid such a situation, in our view, powers under Section 451 Cr.P.C. should be exercised promptly and at the earliest. (Para 10)

       For valuables and currency notes held, in no set of circumstances, the Investigating Officer should keep such articles in custody for a longer period for the purpose of investigation and identification. (Para 14)

       For vehicles held : In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company then insurance company be informed by the Court to take possession of the vehicle which is not claimed by the owner or a third person. If Insurance company fails to take possession, the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared. (Paras 17 and 18)

       For liquors held : For articles such as seized liquor also, prompt action should be taken in disposing it of after preparing necessary panchnama. If sample is required to be taken, sample may kept properly after sending it to the chemical analyser, if required. But in no case, large quantity of liquor should be stored at the police station. No purpose is served by such storing. (Para 19)

       For narcotic drugs held : Similarly for the Narcotic drugs also, for its identification, procedure under Section 451 Cr. P. C. should be followed of recording evidence and disposal. Its identity could be on the basis of evidence recorded by the Magistrate. Samples also should be sent immediately to the Chemical Analyser so that subsequently, a contention may not be raised that the article which was seized was not the same. (Para 20)

       Held finally : However these powers are to be exercised by the concerned Magistrate. We hope and trust that the concerned Magistrate would take immediate action for seeing that powers under Section 451 Cr. P.C. are properly and promptly exercised and articles are not kept for a long time at the police station, in any case, for not more than fifteen days to one month. This object can also be achieved if there is proper supervision by the Registry of the concerned High Court in seeing that the rules framed by the High Court with regard to such articles are implemented properly. (Para 21)