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How To?

How to take possession of your property seized by the Police?

  • Section 451 of CrPC is titled “Order for custody and disposal of property pending trial in certain cases”.
  • Section 457 of the code is titled “Procedure by police upon seizure of property”.
  • The word property includes all kinds like documents, money, vehicles, jewelry etc.
  • An application can be filed before the court for taking interim or final possession of the property during the trial of the case or even before the trial commences. 
  • The court may pass such orders for giving the property to the petitioner. These orders may be subject to conditions like payment of guarantee, presenting a surety etc.
  • The court may call the property again in the court for the purpose of evidence in the trial. 
  • The court may not call the property again if it is rapidly decaying.
  • The court may order it to be sold or disposed off, after recording such evidence as it thinks necessary.
  • Under section 451 of the code, orders for possession are given when inquiry or trial has commenced. Whereas section 457 orders for possession are given during the investigation.

CASES OF THEFT

After the police recover the property which were stolen, there are three situations which may arise:-

Firstly, the accused has not been found. In such a case, the court may pass order of delivering the property to the complainant under section 457 of CrPC, 1973.

Second situation is where the accused is arrested and the trial commences. Here, the court may pass orders under section 451 of CrPC, 1973.

Third situation may arise where the stolen property is sold. Here if the purchaser innocently believes that the seller is not selling stolen property, the convicted person will be ordered to return the amount of money to the buy. The property will taken back from the possession of the buyer. (section 453 CrPC, 1973)

IMMOVABLE PROPERTY

Under section 456 of the act, the court may grant possession to the person who was dispossessed by the convict. Such orders do not affect the right or interest in the said immovable property in a civil suit.

DESTRUCTION OF PROPERTY

When the property involved is any written form of defamation or adulterated food is involved such property may be ordered to be destroyed.

The court under section 455 of the act may pass orders for destruction of all the above things which are in the possession of the court as well as which are not. Such order can be passed only after the conviction.

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