case property

Arvind Singh Chauhan (Querist) 23 August 2017 This query is : Open
Whether it is necessary to produce seized material in wild life case during trial, during evidence, and get it exhibited.

If yes plz suggest relevant provisions or case law.

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Ms.Usha Kapoor (Expert) 24 August 2017
Yes! It is necessary to produce seized material during trial and evidence stages.under wildlife Act.

5. Section 451 clearly empowers the Court to pass appropriate orders with regard to such property, such as--
(1) for the proper custody pending conclusion of the inquiry or trial;
(2) to order it to be sold or otherwise disposed of, after recording such evidence as it think necessary;
(3) if the property is subject to speedy and natural decay to dispose of the same

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Ms.Usha Kapoor (Expert) 24 August 2017
If you appreciate the above answer please click the like button.

Rajendra K Goyal (Expert) 24 August 2017
State material facts of the problem if any.

How are you concerned / related with the query?

Judgment / reference cases / ruling / citation / decided cases not provided / supplied.

R.K Nanda (Expert) 24 August 2017
you must know being lawyer .

Dr J C Vashista (Expert) 25 August 2017
The case property has to be produced and identified by accused during his/her examination-in-chief.

Arvind Singh Chauhan (Querist) 25 August 2017
Thanks Honorable seniors. Respected Vashisth Sir I have submitted this submission before court, court says if case property has been seen while with seizure report during remand of accused, before trial, it is enough. Court says refer the law.
Plz help.

Dr J C Vashista (Expert) 26 August 2017
No, the case property has to be identified by the accused during examination in-chief of incharge Malkhana. (PS) otherwise the item (Case property) may be denied and same cannot be relied upon, it would be beneficial for the accused and against prosecution.

Arvind Singh Chauhan (Querist) 26 August 2017
Thanks a lot Sir, but I am unable to press on my submission, as court says where is such mandatory provision or higher courts verdict. Court says benefit for non production can't be given to accused.

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