Orissa High Court Issues Guidelines For Interim Release/Disposal Of Seized Properties Pending Investigation/Trial

The Orissa High Court has issued a set of detailed guidelines for interim release or disposal of properties, seized in connection with criminal cases, pending investigation/inquiry/trial. All the District/Sub-ordinate Courts and investigating agencies have been directed to comply with the said guidelines for disposal of property, unless retention thereof is essential for the purpose of investigation.The Single Bench of Justice Sibo Sankar Mishra was in seisin over a revision petition challenging a rejection order which rejected the application of the petitioner under Section 451 read with Section 457 of CrPC to release seized currency notes in his custody pending the trial. The Court specifically took into consideration the relevant statutory provisions along with the observations made by the Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat (2002) and the Delhi High Court in Manjit Singh v. State (2014) to cull out the following principles regarding disposal of the seized article in form of broader guidelines, though not exhaustive but inclusive.1. General Principles 1.1 Courts and investigating authorities must ensure that seized property is not retained indefinitely without valid legal justification. It is imperative to take steps for its prompt release or disposal unless required for an ongoing investigation or trial. 1.2 The disposal process should adhere to the provisions of Sections 451, 452, and 457 of the Criminal Procedure Code (Cr.P.C.) and be guided by established judicial precedents. 1.3 The primary objective should be to prevent unnecessary storage, avoid wastage of resources, and ensure that valuable assets retain their utility keeping in mind the investigation and trial process is not compromised.2. Handling of Seized Cash 2.1 In cases involving seized currency, courts may consider its release upon fulfilment of the following conditions: High-resolution colour photographs should be taken for permanent record-keeping. A detailed panchnama should be prepared and signed by the investigating officer, the claimant, and other relevant parties and/or witnesses. Appropriate conditions or security bonds should be imposed to ensure compliance. 2.2 If immediate release is not feasible, the cash must be deposited in a nationalized bank to prevent stagnation and contribute to the economy. Keeping cash in judicial or police custody for extended periods serves no practical purpose.3. Releasing of Bank Deposits/ Fixed Deposits 3.1 Bank deposits and/or fixed deposits may be released against similar or varied amount of property securities or bank guarantee made by the accused petitioner, as per the direction of the competent authorities or court. 3.2 Such bank deposits/fixed deposits, shall not be released, in case when attachment and/or confiscation proceeding regarding the same assets have already been initiated. In such cases the release shall be decided by the competent court.4. Disposal of Seized Vehicles 4. Vehicles that remain impounded in police stations deteriorate in value and become unfit for use. To prevent such depreciation, courts and authorities must ensure their early release by: Verifying ownership and allowing release to the rightful owner upon submission of a security bond and valid proof of ownership. Ensuring that any legal dispute concerning ownership are resolved efficiently through judicial orders. If a vehicle cannot be immediately returned, it should be stored in a secure facility instead of being left exposed to damage. If the rightful owner is untraceable or the vehicle is linked to a serious crime, the court may order its auction or disposal through appropriate channels after preserving appropriate records and photographs for the process of trial (in case linked to a crime) subjecting the provisions of law.5. Management of Precious Articles (Gold, Jewellery, and Valuables) 5.1 Precious items such as gold, silver, and gemstones should not be kept in police custody for extended periods. Instead, they should be stored in proper lockers or bank lockers under court supervision. 5.2 If ownership is clear, the magistrate may order their release after verification, ensuring that: Photographic or video graphic evidence is recorded for reference. The claimant provides a bond ensuring return if required for trial. 5.3 If ownership is contested or the valuables are crucial evidence, they should be preserved under strict security protocols until the matter is resolved.6. Disposal of Seized Liquor and Narcotic Substances 6.1 Alcoholic beverages and narcotic drugs must not be stockpiled unnecessarily. Authorities must ensure that: Necessary samples are collected and properly sealed for forensic analysis and trial purposes. The remaining quantity is destroyed promptly after obtaining court approval in accordance with law. 6.2 Large consignments of seized liquor should not be stored indefinitely in police stations, as this poses logistical and security challenges. Once samples ...

Orissa High Court Issues Guidelines For Interim Release/Disposal Of Seized Properties Pending Investigation/Trial

Jyoti Prakash Dutta

Tags