CrPC Section 451 - The Legal Chamber

The Supreme Court held that the release of case property (cash) under Section 451 CrPC was premature. The ownership of seized money, being the proceeds of alleged crime with multiple claimants, cannot be determined conclusively at an interim stage but must be adjudicated after a full trial upon consideration of all evidence. Facts Of The Case: The case originated from an FIR (CR No. 11206078220159 of 2022) alleging that the appellant-accused, through his proprietary firm Jay Gopal Trading Company, committed cheating and criminal breach of trust against a complainant and other merchants in transactions involving castor seeds. During the investigation, the police seized cash amounting to Rs. 50,00,000. Respondent No. 2, another merchant claiming the seized cash was for goods he sold to the...

The Supreme Court upheld the Gujarat High Court's order directing the release of a seized sonography machine, despite pending appeals under the PC & PNDT Act. The Court ruled that indefinite sealing of equipment is unjustified after the accused's acquittal, balancing investigative needs with the respondent's right to livelihood under Section 451 CrPC. It clarified that Section 29 of the Act does not mandate perpetual preservation of seized property during protracted litigation. The judgment emphasized pragmatic disposal of case property while safeguarding evidentiary interests through conditional data retrieval. Facts Of The Case: The case originated from a 2009 sting operation where respondent Dr. Kaushik Babulal Shah, a radiologist, was accused of violating the PC & PNDT Act by...

Tag: CrPC Section 451

Supreme Court Clarifies Law on Seized Property, Says “Expediency” Under CrPC Has Limits

Supreme Court Rules on Seized Sonography Machine: Order to Unseal Medical Equipment Despite Pending Appeal