During
the investigation or enquiry of a case, police official usually seize the property
which is used for committing the offence or which is a part of the offence, for
producing in Court as evidence during the trail of the case. The property may
be a vehicle, currency, documents etc.
Generally,
a trial of a case takes time to be finalized, and due to said reason there is a
provision in the Criminal Procedure Code, 1973 under which one can get
possession of his seized property temporarily.
Section 451 of Criminal Procedure Code, 1973 deals with the power of the Court to dispose the property during the trial, and states that:
“When any property is produced before any Criminal Court during any inquiry or trial, the Court may order as it thinks fit for the proper custody of such property pending the conclusion of inquiry or trial, and if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed off”.
Under
this section any person can get the custody and possession of the property through
the provision of Superdari, which is based on the Surety bond.
What is Superdari?
Superdari means disposal of
property which is related to the offence, to the person who is entitled to get
it on surety bond provided that the said person will produce that property
whenever the Court required.
The
provision of Superdari states that the property is handed over to the person by
the Court from whose custody it was taken, unless there are any contrary
claims.
Surety bond is an undertaking by
the owner of the property which is required to be produce in the Court before granting
the custody or possession of the released property.
However,
if the property is main reason of the dispute then the Court may order to bring
the property before the Court for some evidential purposes, even after granting
the custody of the property to its owner.
Hence,
Superdari is the disposal of property to the person who is authorized for its
custody on producing a surety bond that he may produce the property before the
Court whenever asked for it.
In
the matter of Sundarbhai Ambalal Desai Versus State of Gujarat, AIR 2003 SC
638, the Supreme Court of India held that :-
Powers
under Section 451 CrPc should be exercised expeditiously and judiciously, and
where the property which has been the subject matter of an offence is seized by
the police, it ought not to be retained in the custody of the Court or of the
police for any time longer than what is absolutely necessary.
It
is necessary to take bond and security from the owner or entitled person so as
to make the person accountable for the possession of the property in case the
evidence is lost, altered or destroyed
The
documents presented by the owner should be well attested and signed by the complainant,
accused and the person to whom the custody is being handed over.
What
is Case Property?
Under
Section 451, the word Property means and includes:
👉Property
of any kind or document which is produced before the Court and which is under
custody of the Court.
👉Any
property regarding which an offence appears to have been committed or which
appears to have been used for the commission of any offence.
👉When
such property is involved in the commission of an offence, or is the subject
matter of an offence, the same is known as Case Property.
How
to apply for getting property released under Superdari?
In
order to release the property from the Court during the trial of the case, you
can move an application before the Court with the proof of ownership of the
property which was seized by the police during investigation and inquiry.
The
Court may pass an order for the release of the property or may impose certain
conditions before passing order for the release of the property, and to furnish
an undertaking on a non-judicial stamp paper, which is called Superdari Bond.
After accepting the said Superdari Bond, the Court will pass an order to release the property.
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