[Cites 7, Cited by 0]

Rajasthan High Court - Jodhpur

Ram Singh vs State (2026:Rj-Jd:1342) on 12 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:1342]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 752/2020

Ram Singh S/o Sh. Moti Lal Jat, Aged About 60 Years, By Caste
Jat, R/o Patania, P.s. Shambhupura, District Chittorgarh.
                                                                   ----Petitioner
                                    Versus
State, Through P.p.
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Bhawani Singh
For Respondent(s)         :     Mr. MR Pareek, Spl. PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

12/01/2026

1. Heard learned counsel for the petitioner and Shri M.R.

Pareek, learned counsel for State and gone through the

material as made available to this Court.

2. It transpires from the record that the petitioner was booked

and subsequently charge-sheeted for allegedly committing

an offence under Sections 15 and 25 of the NDPS Act. After

a rigorous trial, he was acquitted of the charges. During the

course of investigation, the vehicle of which the petitioner is

the registered owner was seized by the respondent, and the

same formed a subject matter of the trial. Although the

learned trial Court passed an order of acquittal, no order was

made regarding the disposal of the vehicle (jeep), which

belongs to the petitioner.

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3. This Court, in the case of Firoz Shah & Anr. v. State of

Rajasthan, S.B. Criminal Appeal (SB) No. 280/2023, decided

on 29.08.2025, has dealt with a similar issue. The relevant

paragraphs of which are reproduced herein below-

"5.2. The appellant now seeks release of the seized vehicle on the ground that he is the registered and undisputed owner, that no rival claim has ever been asserted, and that the vehicle has since remained idle in the open premises of the police station, exposed to natural decay, thereby resulting in imminent and irretrievable loss of its economic value.

6. The scheme of the Code of Criminal Procedure, 1973 obligates courts to ensure due and timely disposal of property seized during trial. Section 452 Cr.P.C. mandates that upon conclusion of a criminal trial, the court must pass a clear order regarding disposal of property produced before it, whether by way of destruction, confiscation, or delivery to the rightful claimant. Section 452 Cr.P.C. is being reproduced as under:-

452. Order for disposal of property at conclusion of trial.

(1)When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.

(2)An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without sureties, to the satisfaction of the Court, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision.(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in Sections 457, 458 and 459.

(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section

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(1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.

(5) In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

The purpose of Section 452 of the Code of Criminal Procedure is to provide a clear and comprehensive mechanism for the disposal of property or documents involved in a criminal case once the inquiry or trial has concluded. The section is intended to ensure that such property does not remain indefinitely in the custody of the court but is dealt with in a manner that balances the interests of justice, the rights of lawful claimants, and the need to prevent wrongful gain or misuse.

The objectives underlying this section are:

1. Judicial Finality in Property Matters - To empower courts, upon conclusion of trial, to pass suitable orders regarding property or documents produced before it or used in the commission of an offence.

2. Protection of Legitimate Possession - To secure delivery of property to the rightful owner or claimant, either unconditionally or upon furnishing bonds to safeguard appellate or revisional remedies.

3. Judicial Delegation - To enable Courts of Session, when appropriate, to entrust such matters to the Chief Judicial Magistrate for disposal under the prescribed procedure.

4. Safeguard Against Prejudice During Appeal - To ensure that property is not finally disposed of until the statutory period of appeal is over, or where an appeal is filed, until its disposal, thereby protecting appellate rights.

5. Comprehensive Coverage of Property - To broaden the scope of "property" so as to include not only the original property but also any substituted form, conversion, or

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proceeds derived therefrom, ensuring that offenders do not unjustly benefit.

In essence, the purpose of Section 452 is to bring closure to the criminal process by providing lawful, fair, and final directions for the disposal of property involved in the case, thereby preventing uncertainty, misuse, or prolonged litigation over such property.

Section 454 Cr.P.C. provides a remedy of appeal against such an order, reinforcing the statutory duty of trial courts to invariably pass disposal directions contemporaneous with pronouncement of judgment.

454. Appeal against orders under Section 452 or Section

453.

(1)Any person aggrieved by an order made by a Court under Section 452 or Section 453, may appeal, against it to the Court to which appeals ordinarily lie from convictions by the former Court.

(2)On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.

(3)The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.

Any person aggrieved by an order of disposal of property passed by a criminal court under Section 452 of Cr.P.C. (disposal after conclusion of trial) or Section 453 of Cr.P.C. (payment to innocent purchaser). Its primary aim is to safeguard the rights of ownership or possession of property and to ensure that such orders, which often affect substantive rights, are subject to judicial review by a higher court.

The objects of Section 454 Cr.P.C.

1. Protection of property rights - Orders under Sections 452 and 453 may involve destruction, confiscation, or delivery of property. Since these orders directly impact property

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rights, Section 454 ensures that the aggrieved party is not left remediless.

2. Judicial oversight and fairness - By allowing appeals, it ensures that decisions relating to property are not left solely to the discretion of the trial court, but are subject to correction or variation by the appellate court.

3. Finality of litigation - Once an appeal under Section 454 is decided, the appellate court's order becomes final, thereby ensuring certainty and preventing repeated or endless disputes over the same property.

4. Balancing interests - The section strikes a balance between the necessity of disposing of property connected with offences (so that it does not deteriorate or create administrative burden) and the legitimate claims of ownership or possession of individuals

7. In the case at hand, a conspicuous omission is discernible in the judgment dated 21.01.2023, wherein, while recording conviction and imposing sentence, the learned trial court omitted to pass any order regarding the disposal of either the seized contraband or the conveyance. This failure is inconsistent with the mandatory tenor of Section 452 Cr.P.C."

4. Although an appeal against the judgment of acquittal is

pending before this Court, it cannot lose sight of the well-

settled principle of jurisprudence that every accused is

entitled to a presumption of innocence in his favour. Upon

acquittal by a Court of competent jurisdiction, this

presumption gains further strength.

5. As on date, the petitioner stands acquitted and is therefore

not guilty of the alleged offence. He is entitled to the return

of his property (jeep), as no adverse order has been passed

against the same. If the jeep in question is allowed to

remain in an open area for a further indefinite period, its

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