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Checking relevance for Denash VS State of Tamil Nadu...
Denash VS State of Tamil Nadu - 2025 0 Supreme(SC) 1857 : The guidelines for a Magistrate before passing a Supurdagi order (disposal of property under CrPC) include: (1) Confiscation of property, being a measure resulting in deprivation of property, must conform to the basic tenets of natural justice and must be preceded by a prior hearing to ensure that an innocent owner or bona fide claimant is not subjected to undue hardship or unjust deprivation; (2) The power to determine whether a seized conveyance is liable to confiscation vests in the Special Court under the NDPS Act, not in administrative bodies like the Drug Disposal Committee; (3) The Magistrate must ensure procedural fairness and avoid prejudice to an innocent owner who had no knowledge or connivance in the offence; (4) Powers under Sections 451 and 457 of the CrPC (now Sections 497 and 503 of BNSS) regarding disposal of property pending trial apply to proceedings before the Special Court; (5) Even if property is liable to confiscation under Section 60 of the NDPS Act, this does not automatically bar interim release on Supurdagi if circumstances warrant; (6) The Magistrate must consider the prima facie ownership and innocence of the claimant, and the vehicle may be released on Supurdagi on such terms and conditions as the Special Court may impose. The Rules of 2022 cannot override substantive rights or procedural safeguards under the parent legislation (NDPS Act), and the Magistrate must apply a case-specific, fact-sensitive approach rather than a mechanical formula.Checking relevance for Shento Varghese VS Julfikar Husen...
Shento Varghese VS Julfikar Husen - 2024 4 Supreme 436 : The guidelines for a Magistrate before passing a superdari order (disposal of property under CrPC) include ensuring that the property seized has a direct or close link with the commission of the alleged offence. The Magistrate must confirm the seizure order within the stipulated period for it to take legal effect. The obligation to report seizure to the Magistrate under Section 102(3) CrPC is not a jurisdictional precondition for the seizure, but failure to report forthwith may lead to departmental action against the police officer if delay is unexplained or due to deliberate disregard. The Magistrate may also consider whether the property is subject to speedy and natural decay, or if the person entitled to possession is unknown or absent, which may justify disposal under Section 459 CrPC. The Magistrate''''s confirmation is essential for the seizure order to have legal force, and until confirmed, the order remains in form only. The Magistrate must also ensure that the property is not disposed of without proper procedure, and may order auction or sale if necessary. The Magistrate may also require the accused to deposit the amount if convicted, with the bond being discharged upon acquittal.Checking relevance for Bharat Sanchar Nigam Limited VS Suryanarayanan...
Checking relevance for Khengarbhai Lakhabhai Dambhala VS State Of Gujarat...
Khengarbhai Lakhabhai Dambhala VS State Of Gujarat - 2025 1 Supreme 698 : Under Section 451 of the Criminal Procedure Code, 1973, when property is produced before a criminal court during an inquiry or trial, the court may make such order as it thinks fit for the proper custody of the property pending the conclusion of the inquiry or trial. 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. The court must consider the nature of the property and record evidence before making such an order. This section applies to any property of any kind or document produced before the court or in its custody, including property regarding which an offence appears to have been committed or which appears to have been used for the commission of an offence.Checking relevance for District Appropriate Authority VS Kaushik Babulal Shah...
District Appropriate Authority VS Kaushik Babulal Shah - 2025 0 Supreme(SC) 779 : Under Section 451 of the Code of Criminal Procedure, 1973, a Magistrate has the discretion to order the disposal of property pending trial if it is subject to speedy and natural decay or if it is otherwise expedient to do so. The Court must record necessary evidence before making such an order. The property may be sold or otherwise disposed of. The Magistrate must ensure proper custody of the property during the inquiry or trial. In cases where the accused is acquitted, the court may release the property, especially if prolonged sealing would render it useless or unjust. The court may also entrust the property to the registered owner under certain conditions, as held in Ashok Kumar v. State of Bihar & Ors. (2001) 9 SCC 718. The guidelines emphasize timely disposal to prevent indefinite sealing, particularly when the property is perishable or its value diminishes over time.Checking relevance for Narcotics Control Bureau VS Kashif...
Checking relevance for State of Madhya Pradesh VS Uday Singh...
State of Madhya Pradesh VS Uday Singh - 2019 0 Supreme(SC) 355 : Before passing a ''''supurdagi'''' order (disposal of property under CrPC), a Magistrate must satisfy himself that no intimation under sub-section (5) of Section 15 of the Madhya Pradesh Van Upaj (Vyapar Viniyam) Adhiniyam, 1969 has been received by his court or any other court having jurisdiction to try the offence on account of which the seizure of property was made. This is a mandatory checklist. Once such intimation is received, the jurisdiction of the Magistrate to make orders regarding custody, possession, delivery, disposal, or distribution of the seized property is barred under Section 15-C(1) of the Adhiniyam. The Magistrate must also ensure that confiscation proceedings have not been initiated by the Authorised Officer under the relevant provisions of the Indian Forest Act, 1927 (as amended), as such proceedings exclude the jurisdiction of the criminal court under Section 451 CrPC. The power to pass interim custody orders lies exclusively with the Authorised Officer, not the Magistrate. Therefore, the Magistrate must verify the absence of any such intimation or initiated confiscation proceedings before proceeding with disposal of the property.
