Section 51 empowers a Police Officer to search the arrested person and seize all articles other than wearing apparel from him.
Section 94 deals with search of places and seizure of stolen property and other objectionable articles. Section 102 also authorises a Police Officer to seize property suspected to have been stolen or found in circumstances which create suspicion of the commission of an offence.
Section 102(3) lays down that the seizure of the property should be reported to the Magistrate having jurisdiction. If the property cannot conveniently be transported to the Court, the Police Officer may leave it in the custody of any person after obtaining a bond from him undertaking to produce the property before the Court as and when directed to do so and also to carry out such orders as may be passed by the Court for the disposal of the property.
When property is seized by a Police Officer in the course of investigation and when the investigation is still in progress, no orders can be passed for the disposal of the property.
ADVERTISEMENTS:
When the property is not produced before the Court and the case is still under investigation orders for its disposal should be passed only in accordance with Section 457.
Section 451 deals with property which is produced before a Criminal Court in the course of an enquiry or trial.
In such a case before the conclusion of the enquiry or trial the Court may pass orders for the custody of the property pending the conclusion of the enquiry or trial. If the property is subject to speedy and natural decay the Court may order the property to be sold and keep the sale proceeds in deposit pending the conclusion of the enquiry or trial.
However, if the property is covered by Public Distribution System (PDS), such property like cement, sugar etc. should be handed over to Civil Supplies Department for interim custody.
ADVERTISEMENTS:
This section also postulates the production of the property before the Court. At the conclusion of the enquiry or trial the Magistrate may pass certain types of orders for the disposal of the property depending upon its nature. The property may be ordered to be destroyed if it is of useless nature or if it is property such as house breaking implements which were used for the commission of an offence.
Confiscation of the property is generally ordered when no one claims the property as his. The property may also, be ordered to be returned and delivered to the person who is entitled to its lawful possession. For example stolen properties which are recovered in the course of investigation are ordered to be returned to the owner from whom the theft was committed.
If the accused is ultimately acquitted and if the property seized from him is claimed by him it should normally be returned to him.
Sometimes there may be rival claimants for the property. In such a case it is desirable to order notice to all the claimants and hear them before an order for its disposal is passed. The normal rule is that property should ordinarily be returned to the person from whose custody it was seized.
ADVERTISEMENTS:
The order passed for the disposal of the property after the conclusion of the enquiry or trial under Section 452(1) should not be carried out for two months or till after the disposal of an appeal if an appeal has been preferred against such an order.
Occasions arise when it becomes necessary for the Court to pass orders for the restoration of possession of immovable property. [Refer Section 456] In the case of offences such as criminal trespass falling within the purview of Section 451 of the Indian Penal Code involving criminal force, criminal intimidation, the immovable property of which any person has been dispossessed, may be ordered to be restored to him.
But, this order can be passed only if the accused is convicted and the order may be passed only within one month after the date of the conviction.