Case Note & Summary
The petitioner, Fakruddin Ahmed Lohar, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, seeking the return of a vehicle seized by the police during investigation of a crime. The vehicle was in the custody of the police and the petitioner claimed ownership. The petitioner's counsel argued that the vehicle was not required for evidence and no other person claimed ownership. The State, represented by the learned APP, opposed the petition. The Court, after hearing both sides, held that the petitioner was entitled to interim custody of the vehicle pending trial. The Court directed that the vehicle be released to the petitioner on certain conditions, including furnishing a bond and undertaking not to transfer or alienate the vehicle. The Court relied on the provisions of Sections 451 and 457 of the Code of Criminal Procedure, 1973, which empower the court to order interim custody of property seized during investigation. The judgment was delivered by a Division Bench consisting of Justice S.S. Shinde and Justice P.R. Bora on 24th July 2014.
Headnote
A) Criminal Procedure - Interim Custody of Seized Property - Sections 451, 457 Code of Criminal Procedure, 1973 - Entitlement to custody of vehicle seized during investigation - Petitioner claimed ownership of vehicle seized in connection with crime - No other person claimed ownership and vehicle was not required for evidence - Court held that petitioner is entitled to interim custody of the vehicle pending trial subject to conditions (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to interim custody of the vehicle seized by the police during investigation pending trial.
Final Decision
The Court allowed the petition and directed that the vehicle be released to the petitioner on interim custody pending trial, subject to conditions including furnishing a bond and undertaking not to transfer or alienate the vehicle.
Law Points
- Interim custody of vehicle seized during investigation
- Section 451 CrPC
- Section 457 CrPC
- entitlement to custody pending trial
- no other claimant
- vehicle not required for evidence
