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1985 Supreme(Ker) 87

PADMANABHAN
YADAV AGENCIES PVT. LTD – Appellant
Versus
PHILOMINA – Respondent


Judgment :-

1. An order passed under S.451 of the Code of Criminal Procedure, here-in-after referred to as 'the Code', as distinguished from one passed under S.452 of the Code, is undoubtedly an interlocutory order. It is actually not a disposal of property, but only an arrangement for proper custody pending conclusion of trial or enquiry. Disposal of property by destruction, confiscation or delivery to any person claiming entitled to possession or otherwise arises only at the conclusion of trial. Sale or otherwise disposing of property pending trial under S.451 of the Code will arise only if it is subject to speedy or natural decay or if otherwise, the Court thinks it expedient to do so and that too, if necessary, after recording such evidence required. Normally, though not in all cases, preservation of property pending trial is necessary because it may be required for the purpose of evidence, identification or otherwise during trial. An order under S.451 of the Code does not settle the title or even right to possession. Refusal of claims to custody under S 451 does not preclude the person in an enquiry under S.452 of the Code. It is only an interim arrangement pending enquiry or










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