Supreme Court of India · 1975-09-12
ANWAR AHMAD vs STATE OF U.P.
- Citation / case number
- SC 1975/60407
- Court
- Supreme Court of India
- Petitioner
- ANWAR AHMAD
- Respondent
- STATE OF U.P.
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court held that under Section 514 of the Code of Criminal Procedure, 1898, a bond for the production of property seized by the police must be executed before a Court, not before a police officer. The Court found that since the bond was executed before the police and not before a magistrate, it could not be forfeited. The appeal was allowed, and the forfeiture order was set aside, emphasizing the need for legislative amendment to empower police to take bonds in certain circumstances.