Chapter XXXIV
Section 459 CrPC: Power to sell perishable property
New Law Update (2024)
Section 510 BNSS
TRIAL COURT
Punishment
Procedural – Search & Seizure
Cognizable?
Bailable?
Compoundable?
Bare Act Text
If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than five hundred rupees, the Magistrate may at any time direct it to be sold; and the provisions of Sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.
Important Sub-Sections Explained
Landmark Judgements
Prem Das vs. The State of Bihar (2012):
The Patna High Court deliberated on the Magistrate’s power under Section 459 CrPC, highlighting the necessity of exercising discretion judiciously and recording reasons when ordering the sale of seized property, particularly emphasizing considerations for the owner’s benefit and the perishable nature or low value of the property.
Ram Chandra Jaiswal vs. State of U.P. (1998):
The Allahabad High Court addressed the conditions precedent for the sale of property under Section 459 CrPC, affirming that the Magistrate’s authority to direct such a sale is contingent upon the property being subject to speedy decay, its sale being beneficial to the owner, or its value being below the specified threshold.
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE
[CITY/DISTRICT], [STATE]
Criminal Misc. Application No. _________ of 20XX
IN THE MATTER OF:
[Name of Applicant/Investigating Officer/Station House Officer]
S/o D/o W/o [Father’s/Husband’s Name]
[Address]
… Applicant
VERSUS
The State of [State Name]
… Respondent
APPLICATION FOR SALE OF PERISHABLE PROPERTY UNDER SECTION 459 OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That in connection with FIR No. [FIR Number] dated [Date] registered at Police Station [Police Station Name], under Sections [Relevant IPC Sections] of the Indian Penal Code, 1860, certain property was seized by the police.
2. That the said seized property, specifically [Description of Property, e.g., “a consignment of fruits/vegetables/dairy products/live animals, etc.”], is currently stored at [Location of Storage, e.g., “Police Malkhana” or “Designated Storage Facility”].
3. That the person entitled to the possession of the said property is currently unknown / absent [Choose one or both and elaborate if necessary, e.g., “despite due diligence and inquiry”] OR That the said property is subject to speedy and natural decay [OR] That in the opinion of the reporting Magistrate, the sale of such property would be for the benefit of the owner [OR] That the value of such property is less than five hundred rupees (Rs. 500/-). [The applicant should select the relevant ground(s) as per Section 459 CrPC].
4. That due to its perishable nature / low value / benefit to the owner, it is imperative that the said property be sold without further delay to prevent its complete loss or significant depreciation.
5. That the provisions of Section 459 of the Code of Criminal Procedure, 1973 empower this Hon’ble Court to direct the sale of such property.
6. That the net proceeds of such sale shall be dealt with in accordance with the provisions of Sections 457 and 458 of the Code of Criminal Procedure, 1973.
PRAYER:
It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to:
a) Direct the immediate sale of the seized property, viz., [brief description of property], as described in paragraph 2 above, by public auction or any other suitable method as deemed fit by this Hon’ble Court.
b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT, AS IN DUTY BOUND, SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(Signature of Applicant/Advocate for Applicant)
[Name of Applicant/Advocate]
[Designation/Enrollment No.]