AI Overview...
-
Interim Custody on Reasonable Terms - Courts have granted interim custody of vehicles even when the owner is not accused, provided certain conditions are met, such as executing bonds, paying maintenance charges, and ensuring proper conditions are maintained Abdul Majeed S/o Abdul Nabi vs State of Maharashtra - Bombay, B. S. Rawat, Asstt. Collector of Customs, Bombay VS Shaikh Abdul Karim & another - Bombay, Anil Navnath Marathe VS State of Maharashtra (Through Chief Secretary, Home Department) - Bombay.
-
Conditions for Granting Interim Custody - The courts emphasize that interim custody can be granted under specific legal provisions like Sections 451 and 457 of the Cr.P.C., often requiring the owner or applicant to furnish bonds and adhere to conditions to prevent alienation or damage to the vehicle Abdul Majeed S/o Abdul Nabi vs State of Maharashtra - Bombay, B. S. Rawat, Asstt. Collector of Customs, Bombay VS Shaikh Abdul Karim & another - Bombay, Anil Navnath Marathe VS State of Maharashtra (Through Chief Secretary, Home Department) - Bombay.
-
Owner Not Accused - When the owner is not implicated in the offense, courts have affirmed the right to seek interim custody of seized vehicles, especially under NDPS and Cr.P.C. provisions, emphasizing that ownership alone does not negate the possibility of interim custody Ramesh Prasad Soni vs The State Of Madhya Pradesh - Madhya Pradesh, TINS XAVIER vs STATE OF KERALA - Kerala.
-
Legal Framework and Discretion - The granting of interim custody is discretionary, often based on the court's assessment of conditions such as payment of charges, maintaining the vehicle, and ensuring it is not alienated until trial or final order Abdul Majeed S/o Abdul Nabi vs State of Maharashtra - Bombay, B. S. Rawat, Asstt. Collector of Customs, Bombay VS Shaikh Abdul Karim & another - Bombay, Meher Banu Begum W/o Hazarat Ali Ahmed VS State of Assam - Gauhati.
-
Finality and Conditions - Courts have set specific conditions for interim custody, including bonds and restrictions, to safeguard the vehicle's value and prevent misuse, especially when the owner is not accused Abdul Majeed S/o Abdul Nabi vs State of Maharashtra - Bombay, Anil Navnath Marathe VS State of Maharashtra (Through Chief Secretary, Home Department) - Bombay.
Analysis and Conclusion:
Courts generally recognize that interim custody of a vehicle can be granted to the owner or petitioner on reasonable terms even if the owner is not accused, provided that appropriate bonds are furnished and conditions are met to prevent alienation or misuse. The legal provisions under Cr.P.C. and NDPS Act, along with judicial discretion, facilitate such custody arrangements to balance the rights of owners and the needs of justice Abdul Majeed S/o Abdul Nabi vs State of Maharashtra - Bombay, Ramesh Prasad Soni vs The State Of Madhya Pradesh - Madhya Pradesh, TINS XAVIER vs STATE OF KERALA - Kerala.
Search Results for "When Owner is Not Accused Interim Custody of Vehicle can be Granted on Reasonable Terms"
2025 0 Supreme(Bom) 479 • India - IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
Y. G. KHOBRAGADE, J.
custody - Interim custody granted on execution of bond and conditions. ... charges of animals during custody and that interim custody can be granted under specific conditions to prevent loss of vehicle value ... and granted interim custody of the vehicles upon execution of a bond, emphasizing the need for maintenance charges to be paid for ... Rules framed there....
2025 Supreme(Online)(MP) 2915 • India - High Court of Madhya Pradesh
SHRI JUSTICE ACHAL KUMAR PALIWAL, J
Custody - The court clarified that interim custody of a vehicle seized under the NDPS Act can be granted if the owner is not implicated ... interim release of seized vehicles pending trial - Interim custody can be granted under Cr.P.C. provisions, provided the owner proves ... such custody can be granted. ... However, the seiz....
2017 0 Supreme(Guj) 402 • India - Gujarat
J.B.PARDIWALA
custody of the vehicle seized – Thus, vehicle not to be alienated till conclusion of trial. ... custody of such property (muddamal) pending the conclusion of enquiry or trial – Even in cases of rival claims for interim custody ... an amount of Rs.1.23 Crore has been paid to the accused persons – Section 451 enables the Magistrate to provide for the interim ... relief in terms of the aforesaid prayer clause be #HL_S....
1989 0 Supreme(Bom) 32 • India - Bombay
H.SURESH
It secures, subject to certain terms and conditions the interim custody of the vehicle pending the trial. ... by the accused and in that event later on, if the vehicles intercepted and seized by the officer it does not mean that such an owner ... Sections 451, 457 (1)-Interim custody - It is on discretion of Magistrate to pass order granting interim custody of seized property .......
2023 Supreme(Online)(KER) 7775 • India - High Court of Kerala
V. G. Arun, J
Fact of the Case: Petitioners, the vehicle owners, challenged the rejection of their applications for interim custody ... Final Decision: Court affirmed the right of petitioners to apply for interim custody of seized vehicles under Section 457 ... Drugs - NDPS Act - Sections 52A, 36C, 51, 60(3) - The court examined the power of jurisdictional courts to grant interim custody ... The seized vehicles are not produc....
2010 0 Supreme(Bom) 1034 • India - Bombay
SHRIHARI P.DAVARE
It allowed the petition for interim custody of the vehicle to the petitioner with specific conditions. ... . - Petition for interim custody of vehicle - Section 156 of the Code of Criminal Procedure - Section 60, 61, 62, 63 of the N.D.P.S ... Act - The court allowed the petition for interim custody of the vehicle to the petitioner with specific conditions to ensure its ... (Special) Case No.2/2010 is pending and same is no....
2016 0 Supreme(Chh) 256 • India - Chhattisgarh
SANJAY K.AGRAWAL
interim custody of vehicle till the final disposal or till final confiscation proceeding – Held, Undisputedly and admittedly applicant ... custody of vehicle to applicant - Accordingly impugned order is set aside - Keeping in view that property seized is subject to speedy ... order of confiscation which may be passed after trial by trial Court – Therefore impugned order be set aside and the applicant be granted ... By the impugned order, the said application has been rejected by the le....
2021 0 Supreme(Gau) 550 • India - Gauhati
RUMI KUMARI PHUKAN
procedure rather petitioner is totally silent as to compliance of all above - Petitioner cannot be permitted to use said permission granted ... fled away and no any document could be traced in vehicle for carrying such bulls. ... 184/179 - Animals Rules, 1978 - Rule 56(c) - Environment Protection Act, 1986 - Solid Waste Management and Handling Rules, 2007 - Vehicle ... If the accused are finally found to be not guilty than the issue of custody of animals will logically be dealt with in....
2012 0 Supreme(Guj) 490 • India - Gujarat
BHASKAR BHATTACHARYA, J.B.PARDIWALA
Even if the person entrusted with the interim custody is the owner, his possession or custody during the period of entrustment is ... Whenever such application for interim custody of the vehicle is preferred, the authorized officer is obliged to take into consideration ... An application under Rule 18 of the Rules, 2005 could not be rejected only on the ground that the owner of the vehicle is alleged ... In case wh....
2004 0 Supreme(Guj) 130 • India - Gujarat
C.K.BUCH
-Interim arrangement of possession the vehicle in question be handed over to the petitioner company pending hearing and final disposal ... and on a representation made by the accused, the vehicle in question Daewoo Ceilo Nexia Car was handed over to the respondent no ... . 2 because of one of the terms and conditions laid down in Hire Purchase Agreement executed by accused – Respondent no. 2, under ... C. holding that the interim custody of the #HL_S....
Filter by Legal Phrase
