Court Directs Timely Action on Seized Property Under Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant ruling, the Karnataka High Court has issued a writ of mandamus directing the XLVII Additional Chief Metropolitan Magistrate, Bengaluru, to expedite the disposal of a pending application regarding seized property. The case pertains to Mukesh Jain, who sought the release of his property seized during an investigation into a financial fraud case.
The petitioner, Mukesh Jain, had filed an application under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), after his residence was searched and various items, including cash and valuables, were seized. Despite the statutory mandate for timely disposal, Jain's application had been pending without resolution, prompting the legal action.
Justice M. Nagaprasanna emphasized the importance of adhering to the strict timelines outlined in the BNSS for the disposal of seized property. The court highlighted that under Section 497(2) and 497(5) of the BNSS, a statement of the seized property should be prepared within 14 days, and an order for its disposal should be made within 30 days thereafter.
The court noted that the failure to adhere to these timelines renders the statutory mandate ineffective and causes undue hardship to individuals whose property has been seized but not returned. The court's decision aligns with the broader judicial trend to ensure prompt and fair handling of seized properties to avoid their prolonged retention.
The ruling draws upon precedents, including the Supreme Court's guidelines in the case of Sunderbhai Ambalal Desai v. State of Gujarat, which underscores the necessity for timely action in such matters to prevent misuse or decay of seized items.
This judgment reinforces the legal framework established by the Bharatiya Nagarik Suraksha Sanhita, 2023, which aims to enhance the efficiency of the judicial process in handling seized properties during criminal investigations and trials. The court's directive sets a precedent for similar cases, ensuring that the rights of individuals are protected through timely judicial intervention.
Bottom Line :
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Mandate for time-bound disposal of seized property applications under Section 497 - Strict adherence to prescribed timelines is obligatory for courts to ensure prompt disposal of seized articles during investigation or trial.
Statutory provision(s): Section 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 96 of the BNSS, Sections 66C and 66D of the Information Technology Act, 2000, Section 451 of the CrPC.
Mukesh Jain v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2945041
