articles.
Learned counsel further referred to the relevant Sections 451 and 457 of
Code of Criminal Procedure, which read thus-
"451. Order for custody ... storing.
Similarly for the Narcotic drugs also, for its identification, procedure
under Section 451 Cr.P.C. should be followed of recording evidence and
disposal
Jigmi P.
Bhutia, learned Advocate for the Complainant.
16. Section 451 Cr.P.C. provides:
"451. Order for custody and disposal of property pending ... Crl) No. 01 of 2018
NHPC Ltd. Rangit Power Station, South Sikkim v. State of Sikkim
object of Section 451 Cr.P.C. appears
whereunder the
petition filed by the petitioner under Section 451 / 457 of
the Code of Criminal Procedure, 1973 (hereinafter
referred to as the ' ... aside. The petition filed by the
petitioner under Section 451 read with Section 457 of
Cr.P.C. requires to be allowed.
The revision petition
held that normally under the Criminal Procedure Code , the criminal courts of the country have the
jurisdiction under Sections 451 / 457 ... that Sections 6(A) and 7 of Essential Commodities Act, 1955 do not
exclude criminal court's jurisdiction under Sections 451/457
Additional State Public Prosecutor)
---
2
This Criminal Petition is filed under Section 482 of
Code of Criminal Procedure, 1973, seeking to set aside the
order ... Court of Judicial
Magistrate First Class, Belgaum under Section 451 of the
Code of Criminal Procedure, 1973 (hereinafter referred to
'
punishable
under Sections 420 and 120(B) IPC read with Section 34 IPC,
Section 3(1) of Seeds Control Act and Section ... under Section 6-A of the
E.C. Act was booked against the petitioner; that the petitioner filed
a petition under Section 451
defined in Section 2(h) Cr.PC is different
from the work 'inquiry' as defined in Section 2(g) ... cannot be exercised by
Criminal Courts. It is to be noted here that the power under Section 451
Cr.PC can be exercised only during
this regard, it is relevant to note that Section 451 Cr.P.C
is the relevant provision, which deals with interim custody of the
property ... during pendency of trial. Section 457 Cr.P.C is also relevant
in this context to consider. As per Section 451 Cr.P.C, when
dealt with and considered in accordance with the procedure
provided under Section 451 Cr.P.C. which reads as under:-
"451. Order for custody ... scope of inquiry
and the powers exercisable in terms of Section 451 Cr.P.C. are of a
summary nature
judis
under Section 451 Cr.P.C, to return their vehicles. The Court below,
dismissed the same on the ground that the petitioners vehicles were ... Code of Criminal
Procedure but once a confiscation proceeding is
initiated, the said power cannot be exercised by the
Magistrate.”
Once the criminal court
