Law: Criminal Procedure Code (V of 1898)

Section: 516

Criminal Procedure Code (V of 1898) S. 516-A-Custody and disposal of property-Words "produced before any Court" --- To be given liberal interpretation so as to cover cases where production of property before Court not possible Production of property (paddy husking machine) difficult-Such property already seized by police and placed in custody of a Jimmadar-Non production before Court, held, did not affect order of custody circumstances of case. The words "produced before any criminal Court" mentioned in section 516-A, Cr. P. C. are very significant. It requires to be seen what these words actually mean and what interpretation a Court may put to this expression. If the expression "produced before any criminal Court" is allowed to mean that the property must be before the Court, then there may be occasion where it may be difficult to fully comply with the same. There might be cases where it would be physically absurd to produce the property before the Court. The expression "produced before any criminal Court" should be so interpreted as to cover cases in which it may not be possible to produce the property before the Court or in which the Court may, instead of directing the property to be produced before the Court, direct that the property be put in charge of a jimmadar or any other person. Though it is true that under section 516-A of the Code an order can be made only when the property concerned in the offence is produced in Court, there may be cases where it may not be possible to produce the property before the Court or it may be in the custody of a jimmadar. So the words "produced before any criminal Court" mentioned in the section ought to be so interpreted as to cover such cases as well. The expression "produced before any criminal Court" should be given liberal interpretation and the Court may, in a fit case, order for temporary custody of the property under section 516-A even without its physical production before it, on satisfaction that the same had been seized by the police and left in the custody of a Jimmadar on his executing a bond to produce the property before the Court at any time on…