Trial Court Has Power To Modify Orders Of Custody & Disposal Of Property Pending Trial U/S 451 CrPC As Per Changed Circumstances: Delhi High Court

[19 May 2022] The Delhi High Court has observed that the Trial Court would not be powerless to modify orders of custody and disposal of property pending trial as provided under sec. 451 of the Code of Criminal Procedure, as per changed circumstances. Justice Asha Menon added that the power to modify orders passed under sec. 451 Cr.P.C. is inherent in the provision as the purpose is only safe custody and production “during trial”. “There can be no doubt, an order under Section 451 Cr.P.C. is of an interlocutory nature, since the whole purpose is for safe custody of the goods/property during the pendency of the trial, as it is Section 452 Cr.P.C. which would come into play, when the goods/property is to be disposed of at the conclusion of the trial. The Trial Court would not be powerless to modify orders of custody as per changed circumstances. The Trial Court has the powers to recall entrustment, as held in Smt. Anisa Begum (supra),” the Court observed.