Source: Allahabad High Court

Why in News?

Recently, the Allahabad High Court in the matter of Omprakash v. State of U.P. Thru. Prin. Secy. Home, Lko. And Anr., has held that the power conferred under Section 451 of the Criminal Procedure Code, 1973 (CrPC) should be exercised by the criminal courts with a judicious mind and without any unnecessary delay.

What was the Background of Omprakash v. State of U.P. Thru. Prin. Secy. Home, Lko. And Anr. Case?

• In this case, the petitioner challenged the seizure of his vehicle, which was allegedly involved in transporting a calf for sale in violation of the provisions of Uttar Pradesh Prevention of Cow Slaughter Act, 1955.
• The petitioner moved release application before the District Magistrate, Ayodhya and the learned Magistrate rejected the application of the petitioner on the basis of the report submitted by the police and further directed to the police authorities to make the public auction of the confiscated vehicle in an arbitrary manner.
• Thereafter, the petitioner filed Criminal Revision against the said order before the learned District and Session Judge, Faizabad, who dismissed the said revision affirming the order passed by the District Magistrate, Ayodhya.
• Thereafter, the petitioner filed a petition before the High Court of Allahabad which was later allowed by the petition.

What were the Court’s Observations?

• Justice Shamim Ahmed observed that the power under Section 451 of CrPC is not properly and widely used by the court below while passing the orders. The power conferred under Section 451 of CrPC can be exercised by the court below with judicious mind and without any unnecessary delay.
• It was further held that the litigant may not suffer, merely keeping the article in the custody of the police in the open yard will not fulfil any purpose and ultimately it result the damage of the said property. The owner of the property is allowed to enjoy the fruits of the said property for the remaining period for which the property is being made.

What are the Relevant Legal Provisions Involved in it?

Section 451 of CrPC

About:

• Section 451 of CrPC deals with the order for custody and disposal of property pending during trial in certain cases. It states that -
  • When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
  • Explanation - For the purposes of this section," property" includes-

(a) property of any kind or document which is produced before the Court or which is in its custody,

(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

Objective of Section 451 of CrPC:

• This section empowers the criminal court to make orders for interim custody of the property produced before it during trial and inquiry.
• The objective of this section is that any property which is under the control of the Court either directly or indirectly should be disposed of by the Court under just and proper order regarding its disposal.

Uttar Pradesh Prevention of Cow Slaughter Act, 1955

• This Act was implemented in the State of Uttar Pradesh on 6^th January 1956.
• This Act prohibits the slaughter of cows and their progeny in Uttar Pradesh
• The Act was amended in 1958, 1961, 1964,1979 and 2002 and 2020.
• The 2020 amendment inserted a penal provision of imprisonment of up to 7 years for physical damage to cow, and fine up to Rs 3 lakh in cases related to cow slaughter.