A person I know from my locality says that 3 years ago he was driving a vehicle with 300 bottles of liquor in Rohini in west Delhi ..the cops came to know of this and on seeing the cops ..he ran away leaving the vehicle behind...all papers r in the car... he is sure police may have issued a warrant against him ... how can he save himself from arrest and claim back his vehicle from the police or Rohini court..
Thank you
When the police seize the property and report it to the Magistrate during a trial, the Magistrate may make an order under SEC 457(2) CrPC to dispose or deliver the property to the person entitled to the possession of the property on the conditions which the Magistrate thinks fit. The owner of the property needs to establish the claim within 6 months from the issuing of proclamation. If no one proclaims the property the magistrate under SEC 458 CrPC passes it to the government and which can be sold by the government. The Magistrate has no power to hold an inquiry but is empowered to commit the case to sessions. He cannot decide the question of a title but only the question of possession. The real owner can assert his right in civil court.
Two conditions must be fulfilled for return of property-
- The property must be seized by the police.
- It is not required to be produced before the court.
these are the cases which you can refer to for more help
[1] Tribhovan Nabekchand, (1884) 9 Bom 131, 134
[2] B.H. Shyamu v/s Bhoopalam, 1968 Cr LJ 1243.
[3] Nandiram, AIR 1967 Guj 80.
[4] M. Satyamma v/s Govt. of A.p., 2003 Cr LJ 3350 (AP).
[5] Keshar Singh v.The State of Bihar; (2011) 5 SCC 324
