SUNDERBHAI AMBALAL DESAI versus STATE OF GUJARAT

Citation: [2002] SUPP. 3 S.C.R. 39 · Decided: 01-10-2002 · Supreme Court of India · Bench: M.B. SHAH, D.M. DHARMADHIKARI

Judgment (excerpt)

SUNDERBHAI AMBALAL DESAI 
A 
v. 
STATE OF GUJARAT 
OCTOBER 1, 2002 
[M.B. SHAH AND D.M. DHARMADHIKARI, JJ.) 
B 
Code of Criminal Procedure, 197 3: 
Ss. 45 I and 452-Custody or disposal during inquiry or trial of property 
seized by police-Valuable articles, currency notes, vehicles, liquor, narcotic C 
drugs etc.-Directions given for custody and disposal of such articles so that 
no loss is caused either to State exchequer or to the owner of the property or 
to the Insurance company because of keeping them for a long time either in 
Police Malkhanas or at Police Stations. 
CRIMINAL APPELLATE JURISDICTION; Special Leave Petition D 
(CRL.) No. 2745 of 2002. 
From the Judgment and Order dated 20.6.2002 of the Gujarat High 
Court in Crl. R.A. No. 241 of 2002. 
WITH 
S.L.P.(Crl.) No. 2755 of 2002. 
Ujwal Kumar Jha, Aslam Ahmed, Ranjan Kumar Jha, Nakul Dewan 
and Ejaz Maqbool for the Petitioners. 
· 
S.K. Dholakia and Ms. Hemantika Wahi for the Respondent. 
The following Order of the Court was delivered ; 
E 
F 
In these two petitions filed by the police inspectors serving the Gujarat 
State, it has been contended that prosecuting agency has no right to ask for G 
remand of petitioners (accused) for the purpose of collecting evidence and 
the application moved for remand of the petitioner (accused) was unjustified 
because anticipatory bail was granted to them. 
It is the prosecution version, as per the FIR lodged on 7.2.2002 by the H 
39 
40 
SUPREME COURT REPORTS [2002) SUPP. 3 S.C.R. 
A Assistant Commissioner of Police 'D' Division, Surat that petitioners and 
other police personnel are involved in offences punishable under Sections 
429,. 420, 465, 468, 477-A and 114 IPC. It is alleged that when they were 
working at various police stations, they have committed offences during the 
period from 20.2.1992 to 23.11.200 I by replacement of mudammal articles 
includin·g golden ornaments by other spurious articles, misappropriation of 
B Jhe amount which was kept at the police station, unauthorised auction of the 
property.\vhich was seized and kepi in the police custody pending trial and 
tampering with the records of police station. The High Court by its judgment 
and order dated 20.6.2002 rejected the application against the order passed 
by the trial court granting remand of the petitioner. Hence, these special 
C leave petitions. 
At the time of the hearing of these matters, learned counsel for the 
parties submitted that various articles are kepi: at the police station for a long 
period by not adhering to the proc.edure prescribed under Cr.P.C., which 
creates difficulties for keeping them in safe custody. Finally, the sufferers 
D are-either the State exchequer or the citizens whose articles are kept in such 
custody. It is submitted that speedier procedure is required to be evolved 
either by the Court or under the rules for disposal of muddamal articles 
which are kept at various police stations as most of the police stations are 
flooded With seized articles. It is, therefore, submitted that directions be 
E given so that burden of the Courts as well as at the police station can, to some 
extent, be reduced and that there may not be any scope for misappropriation 
or of replacement of valuable articles by spurious articles. 
F 
G 
H 
Learned counsel further referred to the relevant Sections 451 and 457 
of Code of Criminal Procedure, which read thus-
"451. Order for custody and disposal of property pending trial in 
certain cases.-When any property is produced before any Criminal 
Court during any inquiry or trial, the Court may make such order as 
it thinks fit for the proper custoc!y of such property pending the 
conclusion of the inquiry or trial, and, if the property is subject to 
speedy and natural decay, or if ii is otherwise expedienl so to do, the 
Court inay, after recording such evidence as ii thinks necessary, order 
it· to be sold or otherwise disposed of. 
Explanation-For the purposes of this section, "property" includes 
(a) property of any kind or document which is produced before the 
SUNDERBHAI AMBALAL DESAI v. STA TE OF GUJARAT 
41 
Court or which is in its custody. 
(b) any property regarding which an offence appears to have been 
committed or which appears to have been used for the commission 
of any offence. 
457. Procedure by police upon seizure of property.-
(I) Whenever the seizure of property by any police officer is reported 
to a Magistrate under the provisions of this Code, and such pr

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