CUTTACK: The Orissa High Court has issued a set of guidelines for the courts and investigating authorities in the state to ensure that seized property is not retained indefinitely without valid legal justification.
By implementing the guidelines, the high court expected the courts and law enforcement agencies to ensure that seized property is managed in an efficient and legally sound manner beneficial to both the justice system and society at large.
The single judge bench of Justice Sibo Sankar Mishra issued the procedures recently while directing the release of `15 lakh cash seized by CBI during investigation into a multi-crore unauthorised deposit collection scam. The petition was filed by the accused, owner of a Ponzi company.
Justice Mishra ordered release of `15 lakh subject to the condition that the petitioner furnishes bank guarantee equivalent to 50 per cent (Rs 7.50 lakh) which shall remain valid until the conclusion of the trial and securing the remaining 50 per cent through indemnification of any immovable property or other financial security as an assurance against potential liabilities arising from the case.
“The court finds no justifiable reason to retain the seized cash in judicial custody when its circulation could contribute to economic activity without compromising the investigation or trial proceedings,” Justice Mishra opined in the Aril 10 order, adding, “The primary objective should be to prevent unnecessary storage, avoid wastage of resources, and ensure that valuable assets retain their utility keeping in mind the investigation and trial process is not compromised.”
He directed that magistrates should take proactive measures to ensure that seized property is not retained for an extended period without justification. Court directives for the return or disposal of property should be issued without undue delay. Investigating officers must regularly report on seized property and seek judicial orders for its appropriate handling.
“A system of periodic review and compliance checks should be established to prevent excessive backlog and mismanagement of seized assets,” Justice Mishra added and directed the high court registry to transmit the judgment copy to all subordinate courts, DGP, investigating and law enforcement agencies along with government departments.
The guidelines on seized properties pertained to handling of seized cash, release of bank deposits/fixed deposits, disposal of seized vehicles, management of precious articles and valuables), seized liquor and narcotic substances, perishable goods and agricultural products, firearms, explosives and dangerous weapons, electronic devices and digital evidence, etc.
GUIDELINES
Release of seized cash upon fulfilment of appropriate conditions or imposition of security bonds
Bank deposits/FDs may be released against varied amount of property securities or bank guarantee
Precious items should be stored in proper lockers under court supervision
Seized vehicles, liquor, narcotics, electronic goods, perishable goods, etc. should be kept in a secure facility to prevent damage
Items no longer required for investigation or trial should be returned to owner
Time-bound review mechanism to prevent unnecessary accumulation of seized goods