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Orissa High Court Issues Guidelines For Return/Disposal Of Seized Property

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Home Legal

Orissa High Court Issues Guidelines For Return/Disposal Of Seized Property

by OB Bureau
April 18, 2025
in Legal, Odisha, Orissa High Court
Reading Time: 2 mins read
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Bhubaneswar: The police or other Investigating agencies in Odisha can no longer hold on to property seized in connection with criminal cases indefinitely. The Orissa High Court has issued a set of guidelines for return or disposal of such property, once they are no longer required for the purpose of investigation.

All district and subordinate courts, as well as investigating agencies have been directed to follow these guidelines.

Justice Sibo Sankar Mishra was hearing an application regarding the return of cash when he observed that the primary objective should be to prevent unnecessary storage, avoid wastage of resources, and ensure valuable assets retain their utility, keeping in mind the investigation and trial process is not compromised.

In the case of cash, courts may consider their return after high resolution colour photographs are taken of the currency notes, a panchnama is signed and security bonds are imposed. In case immediate release is not feasible, the cash should be deposited in a nationalised bank to prevent stagnation and contribute to the economy, the High Court has held.

In the case of vehicles, they can be returned to the rightful owners after signing of security bonds. In case return is not possible immediately, the vehicles will have to be parked at a safe location to prevent their wastage. If a vehicle is involved in a serious crime, a court may consider suctioning it after preserving necessary documents and photographs.

Gold, silver and gemstones have to be stored in bank lockers under court supervision. They may also be returned to the rightful owners after receiving a bond ensuring return when required.

Narcotics and liquor are to be destroyed after carrying out necessary tests and preserving samples. Similarly, illegal firearms, ammunition and explosives should also be destroyed or stored at proper armouries. Legal weapons can be returned to the owners after proper verification, unless they are found to have been used to commit a crime.

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