Summary
A claimant seeking interim custody of a vehicle seized under Gujarat prohibition law should first approach the competent criminal court under Section 451 CrPC. Harmonising the statutes, the Court distinguished evidence forwarded to the Magistrate from confiscable articles sent to the Collector. The record did not establish the vehicle’s procedural destination, so release could not be ordered directly in writ proceedings. The appeal was dismissed with liberty to approach the concerned court; no release was granted.
Issues
- Whether direct writ proceedings were the proper route for interim custody of the seized vehicle.
- How Section 451 interacts with Sections 98(2) and 132 of the Gujarat Prohibition Act.
- Whether the record justified release in this appeal.
Provisions considered
- Sections 451 and 452, Code of Criminal Procedure, 1973Section 451 governs proper custody or appropriate disposal of property produced during inquiry or trial, distinct from final disposal/confiscation. The competent criminal court should be approached first. (¶¶ 4, 5, 6, 14, 15, 16, 17)
- Sections 98(2) and 132(a)–(c), Gujarat Prohibition Act, 1949The Court harmonised confiscation and seizure procedures: the no-release limb was linked to articles sent to the Collector under Section 132(b), while property produced as evidence before the court engages Section 451. (¶¶ 7, 8, 9, 10, 11, 12, 13, 14)
- Articles 226 and 227, Constitution of IndiaDirect resort to extraordinary jurisdiction without approaching the statutory custody forum was improper on these facts. (¶¶ 6, 16, 17)
Held
- Section 451 empowers the criminal court before which property is produced to make proper interim-custody orders and, where appropriate after recording necessary evidence, direct sale or disposal. The claimant bypassed that specific remedy by directly seeking release through the High Court’s extraordinary jurisdiction. (¶¶ 4, 5, 6, 16)
- Section 98 deals with confiscable articles, while Section 132 prescribes their procedural destination: evidence to the Magistrate, confiscable articles not required as evidence to the Collector, or return where no offence appears. On the Court’s harmonious construction, the second limb of Section 98(2) operates in the Section 132(b) setting; Section 451 operates where property is produced before the jurisdictional court under Section 132(a). (¶¶ 7, 8, 9, 10, 11, 12, 13, 14)
- The record did not show whether the seized vehicle had been forwarded or sought to be produced before the competent criminal court. Without that factual foundation and without a prior Section 451 application, the Court declined to order its release. (¶¶ 15, 16)
- Although seized vehicles should not ordinarily languish at police stations, the competent court must make the appropriate custody order through the prescribed procedure. The appeal was dismissed with liberty to approach the court where the vehicle is sought to be produced during inquiry or trial. (¶¶ 16, 17, 18)
Result
Appeal dismissed; no vehicle release ordered. Claimant may approach the concerned criminal court where the vehicle is sought to be produced during inquiry or trial.