#Interim custody of seized property

Madras High Court sets aside a Magistrate’s order denying interim custody of a seized auto-rickshaw, ruling that the owner is entitled to temporary possession unless the police demonstrates specific risks like evidence tampering or flight risk. The Court directed release subject to bond, documentation, and surrender of the vehicle upon trial, reinforcing procedural safeguards under BNSS Section 497.

Karnataka High Court reinforces judicial hierarchy by mandating Sessions Courts to follow High Court directives under BNSS Sections 497 and 503 for interim custody of seized property, setting aside an order denying release of silver articles and cash worth Rs. 17.4+ lakhs. The ruling underscores that lower courts cannot disregard binding superior court directions, ensuring procedural fairness in criminal proceedings.