PRECAUTIONS WHILE TAKING PANCHNAMA
1) Panchnama for return of the property shall be made taking all same precautions whilepreparing panchnama for seizure of property.
2) In addition to the same, photographs of the articles of the property shall also be taken.
3) A bond from the petitioner shall be undertaken stating that the property shall be producedcat the time of the trial and a proper security shall also be taken. As observed by Hon’ble ApexCourt in Sunderlal Ambalal’s case that the bond and security should be taken so as to preventthe evidence being lost, altered or destroyed.
4) The photographs or such articles shall be attested or countersigned by the complainant,accused as well as by the person to whom the custody is handed over.
5) The court in the interest of justice and from circumstances of the case impose any otherconditions as may find appropriate.
6) It is further clarified by Hon’ble Apex Court that if the accused disputes that he is notinvolved in the alleged incident and no article was found from him, such an endorsement to be taken on the photograph.
7) In respect to the vehicle, it was made clear that it is not necessary to produce the vehiclecbefore the court during trial and that the seizure report may be sufficient.
where such articles are not handed over either to the complainant or to the person from whom such articles are seized or to its claimant, then the Court may direct that such articles be kept in bank lockers. Similarly, if articles are required to kept in police custody, it would be open to the Station House Officer that after preparing proper Panchnama to keep such articles in a bank locker. In any case, such articles should be produced before the Magistrate within a week of their seizure. If required, the Court may direct that such articles be handed over back to the Investigating Officer for further investigation and identification, However, in no set of circumstances, the Investigating Officer should keep such articles in custody for a longer period for the purpose of investigation and identification. Important observations of the Hon’ble Supreme Court in the case of Sundherbai Ambalal Desai (3rd supra) with regard to the VEHICLES SEIZED: “It is of no use to keep suchseized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done
pending hearing of applications for return of such vehicles. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company then insurance company be informed by the Court to take possession of the vehicle which is not claimed by the owner or a third person. If Insurance company fails to take possession, the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over
possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared.”