(1.) Heard Mr. P.N. Goswami, learned Additional Advocate General for the State. Also heard Mr. Z. Kamar, learned Senior Counsel assisted by Mr. N.H. Barbhuiya, learned counsel for the respondent in Crl. Pet. No. 505/2022 and Cr. Pet. No. 517/2022; Mr. P.J. Saikia, learned Senior Counsel assisted by Mr. A.K. Gupta, learned counsel for the respondent in Crl. Pet. No. 356/2022 and Crl. Pet. No. 358/2022; Mr. M. Biswas, learned counsel for the respondent in Crl. Pet. No. 284/2022; Mr. A. Sarma, learned counsel for the respondent in Crl. Pet. No. 641/2022 and Mr. A. Duarah, learned counsel for the respondent in Crl. Pet. No. 642/2022.
(2.) This batch of petitions has been referred to by a Single Bench of this Court to decide the question "whether pending investigation, seized articles can be released by the Court, by exercising the jurisdiction, either under Sec. 451, or under Sec. 457 of the Cr.P.C."
(3.) Mr. P N Goswami, learned Addl. Advocate General submits that a Court cannot release seized articles under Sec. 451, 457 or 102 Cr.P.C during the stage of investigation, unless and until the case reaches the stage of enquiry or trial. He also submits that Sec. 102 Cr.P.C provides power to the Police Officer, to give custody of any seized property to any person and the said provision does not give any power to the Court to give custody of such property to any person during the investigation stage.
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