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Factual Matrix

1. The petitioner is the registered owner of Ford Endeavour being registration No.DL 3C AY 5481 which was stolen on 20th February, 2009 whereupon FIR No.56/2009 was registered by P.S. Defence Colony. On 20th July, 2009, the car was recovered by the police from the accused persons and it was released by the Court to the petitioner on superdari on 4th August, 2009. The trial against the accused persons is still pending.

2. On 5th June, 2013, the petitioner moved an application under Section 451 Cr.P.C. for permission to sell the vehicle on the grounds that it was more than 5 years old, it required lot of maintenance/repair and its market value had depreciated.

(1) for the proper custody pending conclusion of the inquiry or trial;

(2) to order it to be sold or otherwise disposed of, after recording such evidence as it thinks necessary; (3) if the property is subject to speedy and natural decay, to dispose of the same.

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7. In our view, the powers under Section 451 CrPC should be exercised expeditiously and judiciously. It would serve various purposes, namely:

12. For this purpose, if material on record indicates that such articles belong to the complainant at whose house theft, robbery or dacoity has taken place, then seized articles be handed over to the complainant after:

(1) preparing detailed proper panchnama of such articles;

(2) taking photographs of such articles and a bond that such articles would be produced if required at the time of trial; and (3) after taking proper security.

13. For this purpose, the court may follow the procedure of recording such evidence, as it thinks necessary, as provided under Section 451 CrPC. The bond and security should be taken so as to prevent the evidence being lost, altered or destroyed. The court should see that photographs of such articles are attested or countersigned by the complainant, accused as well as by the person to whom the custody is handed over. Still however, it would be the function of the court under Section 451 CrPC to impose any other appropriate condition.

Time limit for release The Supreme Court further directed that the powers under Section 451 Cr.P.C. should be exercised promptly and articles should not be kept for not more than 15 days to one month. The observations of the Supreme Court are as under:-

"21. However, these powers are to be exercised by the Magistrate concerned. We hope and trust that the Magistrate concerned would take immediate action for seeing that powers under Section 451 CrPC are properly and promptly exercised and articles are not kept for a long time at the police station, in any case, for not more than fifteen days to one month. This object can also be achieved if there is proper supervision by the Registry of the High Court concerned in seeing that the rules framed by the High Court with regard to such articles are implemented properly."