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Satvashil Vasanth Mane @ Kiran Versus State of Kerala

2016 (3) TMI 426 - KERALA HIGH COURT

Release of property - seizure of gold and Indian currency - violation of provision of Customs Act. - Applicability of provisions of Sections 451 and 452 or 457 Cr.P.C - Held that:- when there is no inquiry or trial, neither Section 451 Cr.P.C. nor Section 452 Cr.P.C. are applicable. Had the property been not produced before the court below in an inquiry or trial, the parities could have invoked the procedure under Section 457 Cr.P.C. In all cases wherein the property is produced before the Magis .....

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property was produced and even the stage at which the court below has passed the impugned order was neither the stage of inquiry nor trial. Therefore, the court below could have considered the matter only with the aid of Section 457 Cr.P.C. Matters being so, the court below ought not have allowed the claims mooted under Section 451 Cr.P.C. The impugned order passed by the court below by releasing the property under Section 451 Cr.P.C., is therefore, not in accordance with law.

Possess .....

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it was through an order which was not in accordance with law, it seems that the property is handed over by the court below to the Customs Authorities for custody, for invoking the provisions of the Customs Act. The ultimate decision taken by the court below can be reckoned as one under Section 457 Cr.P.C.

Provisional release of goods, documents and things seized pending adjudication - Section 110A of the Customs Act, 1962 - Held that:- the petitioner has to establish his ownership ov .....

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disposed of - CRL.M.C. No.6239 of 2015 - Dated:- 2-11-2015 - B. KEMAL PASHA, J. For the Petitioner : Adv. Sri.C.P.Mohammed Nias For the Respondent : Public Prosecutor Smt.Maya, Adv. Sri.Sasthamangalam S. Ajithkumar And Adv. Sri.K.M.V.Pandalai, Income Tax Department ORDER On 04.08.2015, the Circle Inspector of Police, Iritty, intercepted a car, searched the body of two persons, who were travelling by the car, and consequently seized three gold bars weighing 3 kgs. from the possession of the drive .....

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P.3325/2015, and the Superintendent of Customs, Customs Preventive Unit, Thalassery as Crl.M.C.3308/2015. The court below through Annexure 7 order dismissed Crl.M.P.No.3325/2015 and allowed Crl.M.P.No.3308/2015. Based on Annexure 7, the court below released the said three gold bars in question to the Superintendent of Customs, Customs Preventive Unit, Thalassery. The said orders are under challenge through this Crl.M.C. filed by the petitioner. 4. Heard the learned counsel for the petitioner Sri .....

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cation at all in the present matter at this stage. As per Section 451 Cr.P.C., when any property is produced before any criminal court during an 'inquiry or trial', the court may make such order as it thinks fit for the 'proper custody' of such property pending the conclusion of the 'inquiry or trial'. Therefore, the stage of the proceedings contemplated under Section 451 Cr.P.C. is either inquiry or trial. The court can deal with the said question under Section 451 Cr.P. .....

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. comes. On the termination of the trial, definitely the stage under Section 452 Cr.P.C. comes into play. 7. At the stage under Section 452 Cr.P.C., the court has to decide as to who is the person "entitled to possession". What is contemplated under Section 452 Cr.P.C. is the termination of the inquiry or trial. When the proceedings terminates on the conclusion of inquiry, then also Section 452 Cr.P.C. comes into play. When the proceedings end in trial, then also Section 452 Cr.P.C. co .....

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Under Section 457 Cr.P.C. also the court has to decide as to who is the person "entitled to possession" thereof. 9. As rightly pointed out by the learned counsel for the 2nd respondent, there is no inquiry or trial before the court below in this case and therefore, the petitioner is not entitled to claim custody of the property under Section 451 Cr.P.C. The same is the case with the 2nd respondent also. The learned counsel for the petitioner has pointed out that the 2nd respondent had .....

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xcept in cases wherein such property cannot be conveniently transported to the Court or where there is difficulty in securing proper accommodation for the custody of such property, etc. 11. Therefore, the act of the police in this case in reporting the matter to the Magistrate and in producing the property before the court below seems to be proper within the meaning of Section 102(3) Cr.P.C. Even in such case, further proceedings for the release of the property should be decided under Sections 4 .....

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is produced before such court 'in an inquiry or trial', the embargo to invoke the power under Section 457 Cr.P.C. comes. On looking into the scheme of the Code of Criminal Procedure, it seems that all such cases, which do not fall under the provisions of Sections 451 and 452 Cr.P.C., it squarely falls under Section 457 Cr.P.C. 12. Here, in this case, the stage at which the property was produced and even the stage at which the court below has passed the impugned order was neither the stag .....

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Cr.PC. before the court below, not in an inquiry or trial, the court below could have decided the question as to who was the person entitled to possession of that property at that stage. At that stage, no doubt, the Customs Authorities were the persons entitled to the possession of the said property. Even though, it was through an order which was not in accordance with law, it seems that the property is handed over by the court below to the Customs Authorities for custody, for invoking the provi .....

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now the adjudication proceedings have been started by the Customs Authorities in the matter. The learned counsel for the petitioner has pointed out that in such case, the petitioner has got a right to approach the 2nd respondent or the concerned Customs Authorities, who are dealing with the matter, under Section 110-A of the Customs Act. In such case, it is true that pending adjudication proceedings, any goods, documents or other things seized under Section 110 of the Customs Act can be release .....

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