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MICHAEL ZOTHANKHUMA, MALASRI NANDI
State of Assam – Appellant
Versus
Ram Sankar Maurya – Respondent
JUDGMENT :
M. Zothankhuma, J.
Heard Mr. P.N. Goswami, learned Additional Advocate General for the State. Also heard Mr. Z. Kamar, learned Senior Counsel assisted by Mr. N.H. Barbhuiya, learned counsel for the respondent in Crl. Pet. No. 505/2022 and Cr. Pet. No. 517/2022; Mr. P.J. Saikia, learned Senior Counsel assisted by Mr. A.K. Gupta, learned counsel for the respondent in Crl. Pet. No. 356/2022 and Crl. Pet. No. 358/2022; Mr. M. Biswas, learned counsel for the respondent in Crl. Pet. No. 284/2022; Mr. A. Sarma, learned counsel for the respondent in Crl. Pet. No. 641/2022 and Mr. A. Duarah, learned counsel for the respondent in Crl. Pet. No. 642/2022.
2. This batch of petitions has been referred to by a Single Bench of this Court to decide the question “whether pending investigation, seized articles can be released by the Court, by exercising the jurisdiction, either under Section 451, or under Section 457 of the Cr.P.C.”
3. Mr. P N Goswami, learned Addl. Advocate General submits that a Court cannot release seized articles under Section 451, 457 or 102 Cr.P.C during the stage of investigation, unless and until the case reaches the stage of enquiry or trial. He also submits that Sect
Release of seized property during investigation – At investigation stage, seized articles cannot be released by Court under Section 451 Cr.P.C. – However, under Section 457 of Cr.P.C., Criminal Court....
The magistrate's jurisdiction under Section 457(1) of the CrPC to order disposal of seized property is not limited to cases where the property is not produced in court during an inquiry or trial, but....
The main legal point established in the judgment is the applicability of Cr.P.C. 451 and 457 at different stages of investigation, enquiry, and trial, and the availability of an alternative remedy un....
The court reaffirmed the principle that further investigation remains permissible post charge-sheet, emphasizing the discretion of courts regarding interim custody of seized property to prevent undue....
Point of law: Necessary ingredients for invocation of the powers under Section 457 of the Code having thus not been fulfilled, the provisions of the section cannot be said to be attracted.
Point of Law : Section 27 extracted is Punishment for consumption of any narcotic drug or psychotropic substance.
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