Jakir Hussain @ Zakir Hussain vs The State Of Assam And Anr on 30 May, 2023
The petitioner has also referred to a decision of this
court in State of Assam and Others v. Ram ShankarMarya& Others in
Criminal Petitions 284/2022 and other criminal petitions. Through a
common judgment, it has been held that at the investigating stage,
seized articles cannot be released by a court u/s 451 Cr.PC. However,
u/s 457 Cr.PC, the criminal court has the jurisdiction to give custody of
seized property, articles at the stage of investigation when those
seized properties are not produced before the court. It is submitted on
behalf of the petitioner that though the vehicles were shown to have
been seized by the respondent No. 2 through seizure list dated
08.06.2022 and vide order dated 15.08.2022, the learned court below
attached the vehicles. The attachment order u/s 85(1) was withdrawn
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and the respondent No. 2 was directed to do the needful by an order
dated 28.09.2022 but the vehicle was not released to the custody of
the petitioner.