Case Law Details
S K Industries Vs State of Gujarat (Gujarat High Court)
it is settled law that, the articles seized by the police, may be released to the person, who in the opinion of the Court, is lawfully entitled to claim, after preparing detailed panchnama of such articles as well as photographs of such articles and security bond. It is observed by the Apex Court in the case of Sundarbhai Ambalal Desai Vs. State of Gujarat [(2002) 10 SCC 283], that, case property like vehicles, machines etc. found lying in the police station for long time, would become junk and loosing their value and therefore, powers under Section 451 of the Cr.P.C should be exercised promptly, so that there may not be further chance of tempering with the articles etc.
In the facts of the present case, after following procedure, the seized base oil, imported by the petitioner herein and after clearance of the port authority, it was about to reach at the destination. Pursuant to the FIR, samples were taken from the seized oil. The petitioner herein is authorized person of the company. In this background facts, this Court is of the view that the Courts below have not properly exercised their powers judiciously. It is required to be considered that, the expeditious and judicious disposal of the case property would ensure that the owner of the article would not suffer because of its remaining unused. Court or police would not require to keep the article in safe custody, as it would save the cost of storage etc.
For the foregoing reasons, petition is allowed and the impugned orders dated 26.10.2021 and 08.12.2021 passed by the Courts below are hereby quashed. The muddamal seized oil (103120 Kgs.) amounting to Rs.67,02,800/- shall be released/handover to the petitioner on the certain conditions.
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
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