Searching Case Laws & Precedent on Legal Query..!
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Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Confiscation should follow a thorough investigation, and in some cases, courts have set aside confiscation orders if procedural lapses or lack of material evidence are found ["PERERA.B.P v. ABRAHAM.M.B(S.I.POLICE)"] ["Mohdimran Khan VS State of Andhra Pradesh - Telangana"].
Analysis and conclusion:
In criminal investigations, securing material objects from the scene of a crime is crucial for building a strong case. But how exactly does one go about confiscating such evidence through a scene mahzar (also spelled mahzer)? This document, prepared by investigating officers, records the crime scene's condition and observations, serving as vital evidence. However, confiscation isn't a simple police action—it's governed by strict judicial oversight to ensure fairness.
This guide breaks down the process, drawing from key judicial precedents. Whether you're a lawyer, investigator, or curious about criminal procedure, understanding this can prevent procedural errors that lead to evidence being challenged or cases dismissed.
A scene mahzar (or mahzer) is an official record prepared by the police at the crime scene. It details the location, position of objects, sketches, photographs, and witness statements (panchnama witnesses). It's essential for proving the chain of custody and authenticity of recovered items.
For instance, in road accident cases, courts rely on the scene mahzar to locate the place of occurrence. In United India Insurance Co. Ltd. v. James, the tribunal used Ext.A3 scene mahzer as evidence, though the claimant bore the burden to prove negligence. SHALBY Vs NATIONAL INSURANCE CO. LTD. - 2009 Supreme(Online)(KER) 2762 Similarly, Ext.A2 scene mahzer helped identify accident spots, but insufficient corroboration led to reassessment of liability. C.A.RAPHEAL vs EDWARD PONSIKA & OTHERS - 2016 Supreme(Online)(KER) 41466
Appendix 77 of police manuals outlines procedures: blocking the scene, sketching, photographing, and noting special characteristics in suspicious deaths. Om Prakash Kumar VS State of Bihar - 2022 Supreme(Pat) 637
The process begins with the investigating officer (IO) visiting the scene:
Police have powers under CrPC Sections 102 and 457 for interim custody, but permanent confiscation requires court order. In mining cases, vehicles used illegally are seized under MMDR Act Section 21(4), liable for court confiscation. Rahul P. U. S/o Unnikrishnan P. V. VS Geologist Department of Mining and Geology, Palakkad - 2022 Supreme(Ker) 897
Confiscation of material objects seized via mahzar isn't automatic. Courts exercise judicial discretion after inquiry. As held, the court's discretion in confiscating or disposing of property must be exercised judicially, based on sound principles. N. Madhavan VS State Of Kerala - 1979 0 Supreme(SC) 345
In a gun seizure case, confiscation was set aside for no hearing or misuse evidence: the order of confiscation of the gun was thus manifestly arbitrary because the accused was not given a chance to explain. N. Madhavan VS State Of Kerala - 1979 0 Supreme(SC) 345
Courts can't act capriciously. Factors include:- Property's offense link.- Owner's misuse history.- Risk of future misuse.
The property, if seized from an accused, is generally restored to the owner unless there are specific reasons to confiscate it, and such reasons must be explicitly stated. N. Madhavan VS State Of Kerala - 1979 0 Supreme(SC) 345
Under Identification of Prisoners Act, procedural lapses don't negate powers, but judicial process is mandatory. Sonvir @ Somvir VS State of NCT of Delhi - 2018 0 Supreme(SC) 677
In supply control violations, courts confiscate lorries used in crimes: Section 26 (1) of Act 122 confers the... discretion to the Court to confiscate the property, even if it is not directly owned by the accused. Respondent must prove entitlement. LIM SOON PING vs PP
Godowns storing illicit liquor can be sealed/confiscated under Bihar Prohibition Act, but only with evidence against owner: Petitioner cannot be declared guilty even before conclusion of trial. Sunita Sinha VS State of Bihar - 2023 Supreme(Pat) 730
Excavators for illegal acts face confiscation, but third-party ignorance may excuse: Discretion in confiscation statutes requires courts to consider knowledge and culpability. Venugopalan C. vs Tahsildar (Land Records) - 2025 Supreme(Ker) 3227
Mahzars aid but don't prove negligence alone. In murders, recoveries near scenes raise manipulation doubts if police were pre-present. SUNEESH @ SUDHEESH @ MONAI S/O SURENDRAN VS STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 2024 Supreme(Ker) 1619
In bail denials for liquor cases, seizures from co-accused don't implicate others without direct links. Saroj Dhanuhar vs State of Chhattisgarh - 2025 Supreme(Online)(Chh) 9309
Courts should: exercise their discretion judiciously... ensuring proper reasoning and adherence to principles of natural justice. N. Madhavan VS State Of Kerala - 1979 0 Supreme(SC) 345
Confiscating material objects via scene mahzar involves police documentation followed by judicial inquiry. Core principles—discretion, fairness, hearing—prevent arbitrary actions. While mahzars are foundational, courts scrutinize for reliability, as seen in accidents, murders, and seizures.
Key Takeaways:- Mahzar records scene for seizure validity.- Court discretion mandates reasons and hearings. N. Madhavan VS State Of Kerala - 1979 0 Supreme(SC) 345- Integrate evidence like photos/sketches. Mannu VS State - 2019 Supreme(Del) 1514- Exceptions exist but require proof.
This is general information based on precedents and not specific legal advice. Consult a qualified lawyer for case-specific guidance.
References:- N. Madhavan VS State Of Kerala - 1979 0 Supreme(SC) 345: Judicial confiscation process.- Sonvir @ Somvir VS State of NCT of Delhi - 2018 0 Supreme(SC) 677: Procedural powers.- Other cases as cited.
#SceneMahzar, #CrimeEvidence, #LegalConfiscation
The claimant himself has produced a scene mahzer as well as the charge sheet. It is true that the charge sheet is against the driver of the bus. But it is not the end of everything and everything has to depend upon the materials collected by the investigating officer. Ext.A3 is the scene mahazer.
The other witnesses cited by the prosecution as charge witnesses 3 to 5 are all seizure mahazer witnesses and scene mahazer witnesses. Charge witness No.6 is the Investigating Officer. 12. ... This Court perused the site mahzer. In the site mahazer itself, it is stated that the officers enquired with the petitioner. The petitioner replied that the work was conducted by the wiring contractor and he was not aware about the alleged malpractice. ... The crime was registered based on a complaint preferred by the defacto complainant to the pol....
MH-18BG-8462 in Crime No. 53/24 has been confiscated. 2. Learned counsel for the petitioner submitted that charge-sheet RCT No. 143/2024 is pending before the Judicial Magistrate First Class, Sausar under Sections 4, 6, 9, of M.P. ... It is further submitted that trial is pending and the Collector is not empowered to confiscate the vehicle. This is clear cut violation of Full Court judgment passed by this court in the bunch of petitions WP No. 11356/24( Ramlal Jhariya vs. ... Since, criminal trial is pending, therefore, the Collector is not empowered to #H....
Mahzer S/o Suleman, Aged About 35 Years, R/o Jatiyana Considering the material on record and taking into account p style="position:absolute;white-space:pre;margin:0;padding:0;top
The learned Sessions Court Judge (SCJ) also directed that lorry bearing registration number PFS 622 (Lorry) used in the commission of the crime and the proceeds from the sale of the diesel amounting to RM60,200.00 be confiscated. ... KPDNKSH Tawau High Court Criminal Revision No: TWU-3-11-11/2023 wherein the Court held: "The rationale for this provision is to give discretion to the Court to confiscate the property, even if it is not directly owned by the accused, which can deter ... Analysis And Findings [12] Section 26 (1) of Act 122 confers the p....
“In some crimes a guilty mind is a necessary ingredient, but those crimes have now been defined, and so the old maxim has been superseded by the precise definitions of most crime ... Confiscation of vessel, vehicle, etc. (1) After obtaining a report regarding seizure under Section 12 or Section 19, the District Collector may, if he thinks fit, order confiscation of the object seized: (emphasis supplied) Provided that the owner or the person in custody ... The foundational facts to confiscate the JCB are absent in the notice. In the order ....
It was further submitted that no illicit liquor or material was recovered from the applicant, as the alleged seizure was made only from the co-accused and the general surroundings. ... Learned counsel for the applicants submits that the applicant has been falsely implicated in the present case due to his inability to fulfill an alleged illegal demand of ₹50,000 made by the police when they attempted to confiscate his motorcycle from a nearby stream where he had gone to bathe. ... The applicant has preferred this First Bail Application under Section 483 ....
The tribunal had relied on Ext.A2 scene mahzer for the purpose of locating the place of occurrence. The tribunal lost sight of the fact that after investigation, the police had filed final report which is marked as Ext.A4 against the driver of the vehicle. ... who prepared the scene mahazer or the person who had shown the place of occurrence to the police for locating the place of occurrence, it cannot be said that the place of occurrence shown in the scene mahazer was the exact place from where the actual hit had happen....
If any recovery is made from a government quarter, will the State come forward and seize/seal/confiscate and auction the property? ... The learned counsel further submitted that the impugned orders of the confiscating authority, appellate authority and the revisional authority have been passed in complete non-application of mind in the absence of any material information against her. ... Even the Rules, though provide for taking into consideration economic status of the individual, nature of his involvement in the crime, location of the p....
The object of Sub Section 4A of Section 21 is not that the property seized under Sub Section 4 shall be liable to confiscation in all situations. ... Under Section 21(4A) of the MMDR Act, the court competent to take cognisance of the offence is empowered to confiscate any mineral, tool, equipment, vehicle or any other thing seized. ... This Court in Construction Material Movers vs. State of Kerala, 2008 (4) KLT 909 has held that ordinary sand/earth is a minor mineral. As per Section 2(e), “minor minerals” would include ordinary sand. 17. ....
The prior presence of the Police at the crime scene is well-established and raises concerns about potential manipulations. Furthermore, the fact that the recovery was effected from near a public pathway very close to the crime scene also cannot be overlooked. Therefore, it cannot be conclusively stated that the recovery was based solely on the strength of the disclosure statement given by the accused. (b) While assessing the reliability of alleged recovery of MO1, based on the purported disclosure statement and its admissibility under Section 27 of the Indian Evidence Act it is noteworthy th....
Appendix 77 contains detailed instructions as to how a crime scene is to be recorded through sketch and photograph. It also specifies the special characteristics required to be observed in cases of suspicious death and the manner of conducting investigation in cases of hanging and strangulation. It minutely describes the procedure to be followed for blocking and isolating the crime scene and for the method of inspection to be undertaken.
During investigation, the I.O. visited the crime scene and he had drawn up a sketch map of the crime scene indicating the material locations therein. Injury reports of the victims and post mortem examination report of the deceased driver were collected and on the basis of such investigation Charge Sheet No. 22 of 2016 dated 5.4.2016 was submitted against accused Biswahit Ghosh for having committed offence punishable under Sections 279, 338, 304-Part II IPC and Sections 183, 184 and 190 of the Motor Vehicles Act, 1988. Thereafter the material witnesses acquainted with the fa....
He prepared the inquest report Ext.P22 on the dead body of Santhosh Kumar. Bloodstained material objects were recovered from the crime scene.
Photographer took the photographs of the place of occurrence from different angles. Site plan of the place of occurrence was prepared at the instance of accused. Scene of crime was got inspected through Crime Team.
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