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When a person is arrested in a criminal or NDPS case, the police frequently seize articles, valuables, cash, mobile phones, electronic devices, and other property that may or may not be relevant to the alleged offence. The prolonged detention of such articles causes unnecessary hardship to the owner. Aggarwal and Associates files and pursues applications for the release of seized articles before the courts at the earliest opportunity.
Section 451 CrPC (Section 497 BNSS) — Where property is produced before a Criminal Court during trial or inquiry, the court may make an order for proper custody, including delivery to the lawful owner. Section 457 CrPC (Section 503 BNSS) — Where property is seized by the police and reported to the Magistrate, the Magistrate may direct its disposal including return to the person from whom it was seized or to the owner. Section 52A NDPS Act — Special procedure for dealing with articles seized under the NDPS Act, including disposal applications during investigation. Cash and currency found during search of a person or premises. Mobile phones and electronic devices seized as potential evidence. Jewellery, valuables, and personal effects found during a search. Documents, records, and papers seized from a premises. Business equipment, machinery, or commercial stock seized incidentally during investigation.A common ground for early article release is that the article has no nexus to the alleged offence. For example, cash found on a person at the time of arrest in an NDPS case may not be the proceeds of drug trafficking. We argue before the court that articles unconnected to the offence should be returned to the owner without waiting for conclusion of the trial.
Where seized articles are perishable in nature or are depreciating rapidly in value (such as electronic equipment or business stock), we file urgent applications seeking their disposal or release at the earliest, in the interest of preserving value for the owner.
Upon acquittal or discharge of the accused, the court is required to pass an order for the return of articles to the rightful owner. We ensure that clients receive back all articles and valuables that were wrongfully or unnecessarily seized, and that the court's order on articles is specific and enforceable.