Gujarat , 2003(1) RCR (Criminal) 380 and submitted that
the Court has to invoke the provision under Section 451 Cr.P.C. for release ... Section 51 of the said Act.
13. A vehicle used for committing rape and murder is being
released in the garb of Section 451
wherein it was held that order passed under
section 451 read with Section 457 Criminal Procedure Code,
1973 was an interlocutory order.
Pankaj Kakkar ... view that the order passed under section
451 read with Section 457 Criminal Procedure Code, 1973
are not interlocutory in nature and revision against
Cr.P.C. speaks of the disposal
of the seized property after enquiry or trial in a criminal
Court is concluded. Section 457 ... code of Criminal Procedure, 1973
to apply to warrants, arrests, searches and Seizures
.- The provisions of the Code of Criminal Procedure
released on
'superdari' under the provisions of Section 451 or section 457 of the
Cr.P.C.
32. The learned State counsel ... Criminal Appeal 524/2019, State of Madhya
Pradesh vs. Uday Singh that special procedure for confiscation
prevailed over procedure under section 451
Similarly for the Narcotic drugs also, for its identification,
procedure under Section 451 Cr.P.C. should be followed of
recording evidence and disposal ... code of Criminal Procedure, 1973 to apply
to warrants, arrests, searches and Seizures. The provisions of
the Code of Criminal Procedure
view of the mandate of Section
451 read with Section 457 of the Cr.P.C., Hon'ble Supreme Court
considered it necessary that ... code of Criminal Procedure,
1973 to apply to warrants, arrests, searches and
Seizures
.- The provisions of the Code of Criminal Procedure ,
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Court may follow the procedure of recording such
evidence, as it thinks necessary, as provided under Section 451 Cr.P.C.
The bond and security ... Criminal) 492 bearing Case No
CRR No.1765 of 2015 decided on 19.09.2016, while adjudicating upon
reference, observed that the provision under Section 451
made :-
"7. In our view, the powers under Section 451 Criminal
Procedure Code, 1973 should be exercised expeditiously
and judiciously. It would serve various ... Magistrate would take immediate action for
seeing that powers under Section 451 Criminal Procedure
Code, 1973 are properly and promptly exercised and
articles
provisions of Section
451 Cr.P.C., would be applicable and since the Code of Criminal
Procedure (for short ' ... code of Criminal Procedure, 1973 to
apply to warrants, arrests, searches and Seizures. The
provisions of the Code of Criminal Procedure
code of Criminal Procedure, 1973 to
apply to warrants, arrests, searches and Seizures:-
The provisions of the Code of Criminal Procedure ... Section 51 of the said Act.
13. A vehicle used for committing rape and murder is being released
in the garb of Section 451