This document summarizes procedures for returning property seized as evidence before and after the conclusion of a criminal trial. It discusses that property produced as evidence can be kept in interim police custody if it cannot be conveniently transported to court or secure accommodation is not available. It can also be sold if perishable or of low value. Property reported to a magistrate not part of a trial can be ordered for custody if unclaimed after 6 months. After a trial's conclusion, non-contraband property must be returned to the original owner once its retention is no longer necessary. Precise documentation like photos and panchnamas should be made before returning property to preserve evidence of its condition.

1. 2 nd
Workshop
25.08.2019

2. Return of Property
Effective Services of summons/Warrants
by taking recourse of Sections 67 and 78
of Code of Criminal Procedure.
. Powers of Judicial Magistrate First Class
in connection with remand.

3. Return of Property

4. Before Final Disposal of Trial
Police officer
I) Interim
custody
by I.O.
(S.102 (3))
if property cannot
be conveniently
transported to
court
Difficulty in
obtaining secure
accommodation
Retention is not
necessary for
investigation
Sale of
perishable,
unclaimed and
property of value
less than Rs. 500/-
(S.102(3) Proviso)

5. Criminal Court
PENDING TRIAL
Property produced before Criminal Court
inquiry/ trial (S.451)
II) Property reported to Magistrate & not in
inquiry/ trial (S.457)
No claimant appeared within 6 months
(S.458)
Sale if perishable or property of value less
than Rs.500/- for benefit of owner (S.459)
CONCLUSION OF TRIAL

6. Seizure Evidence of the commission of the crime
To preserve the property
Return
restore the property to the original owner after the necessity to retain it
ceases
owner of the article would not suffer because of its remaining unused
or by its misappropriation
Court or the police would not be required to keep the article in safe
custody

7. Definition of Property
 Explanation to S.451 of Cr. P. C. provides: Term "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.
 S.452 of Cr. P. C. gives definition of property as: the term "property" includes, in the
case of property regarding which an offence appears to have been committed, not only
only such property as has been originally in the possession or under the control of any
any party, but also any property into or for which the same may have been converted
or exchanged, and anything acquired by such conversion or exchange, whether
immediately or otherwise.

8. Seizure of Property u/S.102 Of Cr.P.C
 S.102 (1) of Cr. P. C. :- Any police officer may seize any property which may be
alleged or suspected to have been stolen, or which may be found under
circumstances which create suspicion of the Commission of any offence.
"any property" used in sub- section (1) of S.102 of the Cr. P. C. does not include
"immoveable property".
(Sudhir Vasant Karnataki vs The State Of Maharashtra 2010 SCC OnLine Bom
1808)
However U/S.102 of Cr.P.C., bank account can be seized
(State of Maharashtra vs. Tapas D. Neogy (1999) 7 SCC 685 )

9. Interim Custody of Property
 S. 451- ORDER FOR CUSTODY AND DISPOSAL OF THE PROPERTY
PENDING TRIAL IN CERTAIN CASES:
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

10.  S. 457- PROCEDURE BY POLICE UPON SEIZURE OF PROPERTY: (1) Whenever the
seizure of property by any police officer is reported to a Magistrate under the
provisions of this Code, and such property is not produced before a Criminal
Court during an inquiry or trial, the Magistrate may make such order as he thinks
fit respecting the disposal of such property or the delivery of such property to the
person entitled to the possession thereof, or if such person cannot be ascertained,
respecting the custody and production of such property.

11. Sunderbhai Ambalal Desai v. State Of Gujarat
AIR 2003 SC 638
Subject Directions
Panchnama before
returning property
i) Prepare detailed Panchnama
ii) Take photographs of such articles
iii) The photographs or such articles are attested or
countersigned by the complainant, accused as
well as by the person to whom the custody is
handed over
Evidence Evidence be promptly recorded describing the nature of
the property in detail, so that there may not be further
chance of tampering with the articles.

12. Vehicle
i) Where the vehicle is not claimed by the accused, owner, or
the insurance company or by third person, then such vehicle
may be ordered to be auctioned by the Court.
ii) If the said vehicle is insured with the insurance company
then insurance company be informed by the Court to take
possession of the vehicle which is not claimed by the owner
or a third person.
iii) If Insurance company fails to take possession, the vehicles
may be sold as per the direction of the Court. The Court
would pass such order within a period of six months from the
date of production of the said vehicle before the Court.
iv) In any case, before handing over possession of such
vehicles, appropriate photographs of the said vehicle should
be taken and detailed panchnama should be prepared.

13. Liquor
 To be dispose it of after preparing necessary panchnama.
 If sample is required, it is to be take
 Sample be kept properly after sending it to the chemical analyser, if required. But
in no case, large quantity of liquor should be stored at the police station.
 By Excise Collector