T. Kalaiselvan, Advocate (Advocate) 03 October 2023
Seized articles need to be submitted or reported to the Magistrate within one week of seizure. Due bonds, security and guarantees should be taken by the Magistrate while disposing of the seized property to prevent such evidence from being lost, altered or destroyed.
As the seizure of the property by the police amounts to a clear entrustment of the property to a Government servant, the idea is that the property should be restored to the original owner after the necessity to retain it ceases.
At the investigation stage, seized articles cannot be released by a Court under Section 451 Cr. P.C. However, under Section 457 Cr. P.C., the Criminal Court has the jurisdiction to give custody of seized property/articles at the stage of investigation, when those seized property are not produced before the Court.