Point of Law: Matter of custody and disposal of seized property pending trial can be dealt with under Section 451 of Cr.P.C.

JUDGMENT :

1. The petitioner has filed an application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 against the order dated 19.10.2022 passed by the learned SDJM (M) Charaideo, Sonari in Zimma Petition No. 751/2022, whereby the petition filed by the petitioner seeking custody of the seized articles vide M.R. No. 109/2022 and M.R. No. 112/2022 has been rejected merely on the ground of objection raised by the Investigating Officer.

2. The case of the petitioner is that he is a businessman and running a Tea stall in the name and style of Spice Oven Tea Shop located at Thahekhu Village, Dimapur, Nagaland with valid trade license issued by Thahekhu Village Council, Dimapur, Nagaland.

3. The petitioner has also been working as business correspondent banking agent of a company namely DhanHind Utility Pvt. Ltd. which is a corporate Business Correspondent, Working with bank in the business of associated ATM, Domestic Money Transfer, Digital Payments, Banking Operation and other financial activities in accordance with guidelines issued by the Reserve Bank of India.

4. The petitioner has also been appointed as Business Correspondent/Agent of Yes Bank Ltd. through Mobisafar Services Pvt. Ltd.

5. It is submitted by the learned counsel for the petitioner that being rightful owner of the seized articles, he filed a petition under Section 451/457 of Cr.P.C. before the learned SDJM(M), Sonari seeking custody of the seized articles on the ground that since the day of seizure 7(seven) months have already been elapsed and the seized articles are lying in the custody of the police and apart from that trial of the case is yet to start. The petitioner being involved in money transaction business and the seizures be kept under custody of police for indefinite periods, there is every possibility of damage and decay of the said valuable documents and the petitioner is facing immense difficulties in money transaction business.

6. It is also the submission of the learned counsel for the petitioner that the case in hand falls within the ambit of Section 451 Cr.P.C. as the property in question has been seized by the police and the same has been produced before the Court and the trial is yet to start. Therefore, if the zimma of the seized articles is given to the petitioner putting any such condition as the Court may deem fit and proper, it would be proper and fair administration of justice.

7. By referring the decision of Hon’ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujrat reported in AIR 2003 SC 638, the learned counsel for the petitioner has contended that no useful purpose would be served to keep valuable articles in police custody for years till the trial is over and in such cases, Magistrate should pass appropriate orders as contemplated under Section 451 of the Cr.P.C.

8. According to the learned counsel for the petitioner, in view of the law laid down by the Hon’ble Apex Court the petitioner being rightful owner is entitled to custody of the seized articles.

9. It is reported by the Investigating Officer that as the Charaideo district is highly sensitive as per extremists point of view, there is every possibility of again committed such type of crime by the accused petitioner for banned outfit organization who are causing waging war against the Government of India as well as creating terror amongst the peace loving people since long.

10. It is also reported that though the accused petitioner is resident of Choudhury Bazar under Murajhar Police Station district Hojai, but he used to reside at Thahekhu Village, Dimapur, Nagaland. It is further submitted that the case is still pending for arrest of the other co-accused. So at this stage, learned Additional Public Prosecutor prays for dismissal of the prayer of the petitioner.

11. I have considered the submissions of learned counsel for the parties. I have also perused the case diary. It appears that as per seizure list on 07.07.2022, 1(one) Samsung Mo