Seized Property not to Remain in Custody for Longer Than Necessary

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While analyzing the scope of Section 451 of Criminal Procedure Code, 1973, the Kerala High Court in the matter of Vinayakumar K.R. v. State of Kerala, held that the seized property should not remain in police or court custody for longer than absolutely necessary.

The prosecution allegation is that the accused transported 50 bottles of Old Admiral VSOP brandy in a Mahindra Pickup Jeep.
The said vehicle was seized for violating the provisions of the Abkari Act, 1077.
In her capacity as the registered owner of the vehicle, Chenjamma approached the learned Magistrate and filed an application seeking interim custody of the vehicle.
She could not get the vehicle released due to the onerous nature of the conditions imposed by the Magistrate.
Chenjamma passed away and the petitioner herein is her son, and he is stated to be the person entitled to possession of the vehicle.
He approached the Sessions Court and the Court holding that the petitioner had not been able to explain how the vehicle happened to come into the possession of the accused, rejected the application.
Thereafter the petition was filed before the Kerala High Court.
Setting aside the order of the Sessions Court, the Keral HC directed the Sessions Court to release the vehicle after obtaining fresh valuation as per the provisions of Section 53B of the Abkari Act, 1077.

The Single Judge Bench of Justice Raja Vijayaraghavan V. observed that when a property is so produced before the criminal court, the said court would have the discretion to make such an order as it thinks fit for the proper custody of such article, pending the conclusion of the enquiry or trial.
The HC in this case was of the view that the court below was not justified in rejecting the application and that under Section 451 of CrPC, when a property has been seized by the police, it ought not to be retained in the custody of the Court or of the police for any time longer than absolutely necessary.
The HC further held that for releasing the vehicle, the Court may follow the procedure of recording such evidence, as it thinks necessary, as provided under Section 451 of CrPC, and bond and security also ought to be taken so as to prevent the evidence being lost, altered or destroyed.

Section 451, CrPC

It 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.
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.

The Act was passed by His Highness of Cochin on the 5th day of August 1902, corresponding to the 31st day of Karkadagom 1077.
This Act was extended to the whole of Kerala as per Amending Act of 1967 which received the assent of the President on 29th July, 1967.
This Act provides for the consolidation and amendment of laws relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor and of intoxicating drugs in the State of Kerala.
Section 53B of this Act deals with the jurisdiction of courts on cuticles seized. It states that -
- Whenever any vehicle or other conveyance used for committing any offence is seized or detained under this Act, and if any court finds that it shall be released temporarily, it shall do so with direction to execute sufficient bond by way of cash security equivalent to the market value of such vehicle or conveyance, to be fixed by the Mechanical Engineer of the Excise Department or any Mechanical Engineer of or above the rank of an Assistant Executive Engineer of the State Public Works Department, for production of such vehicle or conveyance on demand before the court or the authorized officer and such order shall not prevent the authorized officer from taking or continuing action under section 67B of this Act.