29.04.2025 Sl. No. 28 Court No.3 BM IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDICTION CRR 174 of 2025 Chirag Alam & Ors.

Vs.

The State of West Bengal Mr. Papai Mahammad … for the petitioners Mr. Nilay Chakraborty Mr. Ujjwal Luksom ... For the State

1. The petitioners‟ prayer herein has been made against an order dated 07.10.2024 passed by the learned Additional Chief Judicial Magistrate at Alipurduar in GR Case No.2392 of 2023, arising out of Birpara Police Station Case No.189 of 2023 dated 28.12.2023, under Sections 379/411 of the Indian Penal Code, whereby the prayer for release and/or return of the offending seized vehicle of the petitioner has been rejected.

2. A report as called for through the State has been placed, wherein the Officer-in-Charge of Birpara Police Station, Alipurduar has submitted as follows :-

“During enquiry I go through the Malkhana register and it come to light that the documents in support of the above noted vehicles were seized vide PR No.01/24, 02/24, 03/24, 04/24, 05/24, 239/24 and kept at PS Malkhana. Hence, I collect the available documents of the vehicles from Malkhana and verified the registration numbers of the vehicle via official government VAHAN portal thoroughly and it could be learned that all the documents in respect of the vehicles are found to be genuine in respect of the vehicle. The investigation of that case is over and the charge sheet of this case already been submitted before the learned court and at this stage the vehicle along with seized papers is not required to detain more.

3. Section 451 of the Code of Criminal Procedure, lays down:-

“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.”

4. Section 452 of the Code of Criminal Procedure, lays down:-

“452. Order for disposal of property at conclusion of trial.-

(1) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.

(2) An order may be made under sub- section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without sureties, to the satisfaction of the Court, engaging to restore such property to the Court if the order made under sub- section (1) is modified or set aside on appeal or revision.

(3) A Court of Session may, instead of itself making an order under sub- section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections

457, 458 and 459.

(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub- section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.

(5) In this section