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Disposal of Property Under Cr.p.c.

#sachinkumarpingle #feelthelife #disposalofproperty Disposal of Property: Many times, during the investigation, various articles including weapons, ornaments, vehicles etc. which are subject matter of the offence are seized by the police. Such articles are required to be kept in the custody of the trial court, as those are required to be shown to the witnesses, during the trial of the offences. However, for the conclusion of trial certain duration may require. Hence, the relevant provisions have been made in Code of Criminal Procedure, 1973 for giving the custody of articles in proper cases. Chapter–34 in S.-451, S.-452 and S.-457 lays down certain provisions regarding giving of interim custody of such seized articles and disposing them of , at the conclusion of trial. We can discuss them in the following manner.. 1) Custody of seized property – during the investigation and inquiry: S.-457 lays down the procedure to be followed by police upon seizure of property. We can analyses the said provisions as follows- a) Whenever, the seizure of a property by any police officer is reported to a Magistrate and b) Such property is not produced before the Magistrate in inquiry or trial. c) The Magistrate may make such order for the disposal of such property, as he thinks fit, or d)He may deliver it’s possession to such person, who appears to be entitle to have it’s possession. e) the magistrate may impose such conditions, which he thinks fit, on the person, to whom he is giving the possession of such property. Thus, it is clear from the above that, the custody that may be given u/s.-457 pending the investigation or inquiry is the interim custody. It can be given before such property is produced before the magistrate. 2) Order for custody and disposal pending the trial: S.-451 of Cr.P.C. provides that, a) When any property is produced before any Criminal Court, during any inquiry or trial, b) The court may make such order, as it think fit for the proper custody of such property, pending the conclusion of inquiry or trial and, c) If the property is subject to speedy disposal and natural decay, or if it is otherwise expedient so to do, d) The court may after recording such evidence, as it thinks necessary order it to be sold or disposed of. e) The explanations appended to this section say that ‘property’ means.. i) property of any kind or document which is produced before the court, or which is in its custody (movable property). ii) Any property regarding which an offence appears to have been committed, or which appears to have been used for the commission of an offence. 3) Order for disposal of property at the conclusion of trial: S.-452 of Cr.P.C. lay down that, a) When the inquiry or trial is concluded, the court may make such order as thinks fit. B) For the disposal by destruction confiscation or delivery to any person, who is claiming to be entitled for such possession. c) The above order can be passed regarding any property or document produced during the trial or inquiry before such court. d) The above order of giving possession to any person be with or without condition, that such person shall execute a bond with or without sureties, assuring the court produce that property, if the order is modified or set aside on appeal or revision. e) Such order shall not be carried out for 2 months or when an appeal is presented, until that appeal is disposed of, except in case of properties which subjects to speedy and natural decay or it is a live stock.