RAM PARKASH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) The short point that arises in this appeal is as to whether the Criminal Court has power to release property seized by the police from a person and reported to the Special Judge, but not yet produced before the Court. We think the court has such power and that seems to be the scheme of the Code itself.

(3.) Chapter 34 of the Criminal Procedure Code deals with disposal of property. There is a trichotomy in the sense that where property has been seized by the police, but not produced before the court, the power to dispose it of is covered by S. 457. Where property has been seized and/or otherwise produced before the court, the manner to dispose of such property is governed by S. 451. If the question of disposal arises after the enquiry or trial in any criminal court is concluded, the disposal of the property involved in the case is governed by S. 452. We need not go elaborately into the implications of each provision since we are not called upon to do in the present case.