Sec. 451 CRPC DISPOSAL OF PROPERTY

Advocate

Dear All,

 

Secs. 451 to 456 CRPC deal with the disposal of property i.e. muddamaal. Now my query is whether the property like car, bike, scooter, valuables can be handed over to the owner without the order of the court or the order is mandatory? In my opinion, if the trial is long-stretched, the muddamaal can be handed over after verification if it is lying in the police custody for long. There is a provision U/S 452 for quick disposal of livestock or material having less shelf life, but the law is silent on the property like motor vehicles consficated by police or produced before the court in a trial. Please give citations as I have to take possession of such property from police urgently and police is insisting on court order. 

 
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Yes. Sir, court order is required.  In these days, even the material of "jama talashi", which is not case property is also not being released by police without court order.


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