SUNDERBHAI AMBALAL DESAI versus STATE OF GUJARAT

SUNDERBHAI AMBALAL DESAI versus STATE OF GUJARAT

No further directions are required for the custody and disposal of property seized by police during inquiry or trial. If the accused disputes involvement and no article was found from him, such endorsement should be taken on the photograph. There may not be any necessity of producing the vehicle before the court, and the seizure report may suffice.

Parties
Petitioner: Sunderbhai Ambalal Desai; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
18 November 2002
Procedural Posture
Special Leave Petition (criminal) / Final Disposal
Outcome
Petitions disposed of
Legal Topics
Custody and Disposal of Property, Special Leave Petition, Seizure Report
Criminal Law Custody and Disposal of Property Special Leave Petition Seizure Report

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Parties

Sunderbhai Ambalal Desai

Petitioner

State of Gujarat

Respondent

Procedural Posture

Special Leave Petition (criminal) / Final Disposal

Legal Issues

  1. 1 Whether further directions are required regarding custody and disposal of property seized by police during inquiry or trial under Sections 451 and 452 of CrPC.
  2. 2 Whether production of vehicle before the court is necessary or if seizure report suffices.

Ratio Decidendi

No further directions are required for the custody and disposal of property seized by police during inquiry or trial. If the accused disputes involvement and no article was found from him, such endorsement should be taken on the photograph. There may not be any necessity of producing the vehicle before the court, and the seizure report may suffice.

Court Disposition

Petitions disposed of

Orders

  • No further directions required regarding custody and disposal of seized property.
  • In cases where accused disputes involvement and no article was found, endorsement be taken on photograph.