Criminal Procedure Code, Section 451 – Permission to sell – To decline permission to sell on the sole ground, that the property is case property would be a negation of the provisions of Section 451 of the Criminal Procedure Code – The property being case property, is no doubt a relevant consideration but except where facts and circumstances of a case so warrant cannot be a sole circumstance, to decline permission to sell – Each case must be decided on its own peculiar facts and circumstances. [Para 10]
Criminal Procedure Code, 1973 (2 of 1974), Section 451 – Superdari – Sale – Court is empowered to, if the property “…..is subject to speedy and natural decay or if it is otherwise expedient so to do……,” order its sale or disposal – For this purpose, the Court may if it deems appropriate, record such evidence as it thinks necessary – The words……or it is otherwise expedient so to do so…..succeeding the words….” speedy and natural decay……..” are not to be read edjusdem generis to the words “speedy and natural decay.” – The use of the word expedient confers a discretion upon a Court to order sale of case property other than property subject to speedy and natural decay, provided the Court records a finding that it is expedient to do so subject to such terms and conditions as the Court may deem appropriate – This power is to be exercised judiciously and depending upon the facts and circumstances of each case. [Para 9]
Criminal Procedure Code, 1973 (2 of 1974), Section 451 – Superdari – Sale – Banks/ Financers application for permission to sell the tractor could not have been declined on the sole ground and that it was case property – A tractor is an automobile consisting of mechanical and rubber parts, which by their nature are subject to natural decay – Release of tractor to bank is of no use to the Bank and is lying idle and would soon be reduced to junk – The sale of the tractor would benefit both the bank and the accused – Bank would be able to recover a part of the loan advanced and the civil liability of the accused would stand correspondingly reduced – Even though the tractor is a case property expediency of the situation demands that the bank be permitted to sell the tractor subject to certain terms and conditions.
(a) the sale proceeds of the tractor shall be deposited with the trial Court and released to such party as the trial Court may deem appropriate, upon the conclusion of the trial;
(b) the documents of sale, shall incorporate the fact that the tractor is case property and is required to be produced before the trial Court as and when so directed. The purchaser of the tractor would file an undertaking before the trial Court, to physically produce the tractor as and when so directed by the trial Court;
(c) the purchaser of the tractor shall also furnish a security equal to the amount of security furnished by the bank;
(d) the purchaser of the Tractor shall not alienate the tractor any further, without prior permission of the trial Court; and
(e) the transfer of ownership, shall be subject to such orders that the trial Court or any other Court may pass on conclusion of trial.
(f) all terms and conditions already imposed, at the time of release on sapurdari shall remain in force.
