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Prashant Mule (LEGAL SERVICES)     06 July 2009

Section 457 Cr.P.C


I filed application u/s 457 of Cr.P.C for the release of mobiles(around 300) of my company the same is been released by putting the condition that it shall not be sold., i need sell these mobiles... what application should i file and before whom and is there any rulings in this respect...., ol. help me out.


 11 Replies

Uday (Lawyer)     06 July 2009


Dear Prashanth, to my knowledge the properties which have been returned by the court cannot be sold untill the trial gets completed. And I have also never come across any judgement which allows the person to sell the properties before the completion of the trial

1 Like

PARTHA P BORBORA (advocate)     07 July 2009

pl go through the order and u will find the phrease " interim custyody" which clearely indicates that it is not a final order and the stolen properties given to ur interim custody only. untill and unless the court deliverd the judgement u can not sale a single piece of mobile as at present u r the interim custodian of the stolen properties. if u sold then u shall be liable to pay the amount spacifioed in the order.

RAJENDRAN K.M. 09443050520 (Advocate)     07 July 2009

Mr.Uday andMr.parthaprotims ans r correct,if u sale the property once u also liable for penal actions and ur case also acqutted in favour of accused.

Prashant Mule (LEGAL SERVICES)     08 July 2009

Thanks for the reply.,

Dont you think the owner of the goods siezed will be put to great hardship if these mobiles will be kept until the completion of the trial as in the present case the subject of the coimplaint  is mobile and models of the mobile tend to change very frequently also the price are subject to reduce due to heavy competition.

Kindly comment on this..

PARTHA P BORBORA (advocate)     08 July 2009

yes this may create hardship. but untill and unless the trial completed how can u say that ur the owner of the stolen property? to assartain the ownership the trial is necessary.

Dharmesh Manjeshwar (Advocate/Lawyer)     08 July 2009

I do pity you, Mr. Prashant but that's the way our law works ...... Sec - 459 is as follows

Power to sell perishable property.

459. Power to sell perishable property. If the person entitled to

the possession of such property is un-known or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten rupees, the Magistrate may at any time direct it to be sold ; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

U see here that there is discretion given to the Magistrate. Does it mean that a property which is subject to speedy and natural decay are not needed for the purposes of the trial ?? In my opinion make an application before the Magistrate stating your grievances, if the same is rejected you have nothing to loose for if u do not try, the property is still subject to the conditions of the Court. 

1 Like

PARTHA P BORBORA (advocate)     09 July 2009

pl go through the text of the Sction caerefulyl--- it says  " Power to sale perisable properties" and now pl tell me wheather a mobile handset is a perisable property or not. So, u  find ur answer, right?

Dharmesh Manjeshwar (Advocate/Lawyer)     10 July 2009

Sir, With due respects, the reply was not based on the said aspect, mobile handset is not a perishable everyone knows that ..... it was suggested since emphasis was laid by friend members herein that the property is required for trial purpose and therefore one should not dispose off the same prior to the completion of trial ..... what I meant was if trial could be conducted without the necessity of perishable goods .... why should the law harrass some innocent person whose livelihood depends on the sale of the said property ...... it was just a thought ..... and I told Mr. Prashant to just give it a try ....

PARTHA P BORBORA (advocate)     12 July 2009

well it is laid down because at the time of trial it may be mnecessary to produce the the seized articles  before a witness for identification. so untill and unless the ownership is not determined it is not possible to allow the interim custodian to sale the seized articles. pl. dont take it otherwise my ld.  friend Dharmes.

vishalkumar (practising Advocate)     02 December 2010

you can sell the properties... if you convince the court that the presence of the properties is not required during the trial.,,, for which a proper pancha nama of the property can be conducted as to its necessary details, etc.

i have a judgement passed by Hon'ble Apex court on the said point

ANOOP (senior manager)     03 December 2010

Yes you can very well sell it by filling fresh aplication seeking sale of assets. SC in his judgement Sunder Bhai Amba Lal Desai cleraly laid down the guielines to how to delat with the assets seized by poice u/s 457 of Cr. P.C. .

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