Point of Law: Sections 451 and 457 of Cr.P.C. which is quoted as Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation - For the purposes of this section “property” includes-property of any kind or document which is produced before the Court or which is in its custody, any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

JUDGMENT :

SHAMIM AHMED, J.

1. Heard learned counsel for the revisionist, learned A.G.A. for the opposite party and perused the record.

2. This criminal revision has been filed by the revisionist against the judgment and order dated 30.10.2021 passed by the Chief Judicial Magistrate, Chandauli in Vehicle Release Application No. 479 of 2021 (State of U.P. vs. Mustafa and Others) and release the vehicle of the revisionist bearing registration no. U.P. 21-CN-2082 Truck (closed body) within time specify by this Hon'ble Court.

3. Learned counsel for the revisionist has submitted that the revisionist is the registered owner of Truck bearing Registration No. U.P. 21-CN-2082 and the said vehicle is having National Permit and also was insured with the New Indian Assuarance Company Limited and also having certificate of pollution and fitness.

4. Learned counsel for the revisionist further submits that an the opposite party no. 3 lodged an F.I.R. bearing F.I.R. No. 0095 of 2021 under Section 3/5A/8 U.P. Pradesh Prevention of Cow Slaughter Act, 1955 (in short “Act of 1955”) under Section 11 of the Prevention of Cruelty of Animals Act, 1960 and under Section 379, 411 I.P.C. Police Station, Ali Nager, District Chandauli against one Mustafa and two others namely Mohd. Sohrab and Washir Ali in which vehicle of the revisionist alleged to have been involved.

5. Learned counsel for the revisionist further submits that the revisionist was also made an accused being owner of the vehicle and he has been released on bail and further submits that the revisionist has moved a release application before the Chief Judicial Magistrate, Chandauli.

6. Learned counsel for the revisionist further submits that the release application of the revisionist was rejected by the Chief Judicial Magistrate, Chandauli on 30.10.2021 on the ground that the District Magistrate will have power to do all proceedings of confiscation and released of the vehicle.

7. Learned counsel for the revisionist has submitted that the vehicle is standing in open yard in the police station since long and with the passage of time ultimately it will become junk and after sometime it is not useful for any purpose. Reliance has been placed on the law laid down by the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai and C.M. Mudaliar vs. State of Gujrat, AIR 2003 SC 638.

8. Learned counsel for the revisionist has further drawn the attention of the Court regarding the provisions of Sections 451 and 457 of Cr.P.C. which is quoted as under:

“451. Order for custody and disposal of property pending trial in certain cases - When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

Explanation - For the purposes of this section property includes:

(a) property of any kind or document which is produced before the Court or which is in its custody.

(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

457. Procedure by police upon seizure of property:

(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.

(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any)