REMO PAUL ALTOE vs UNION OF INDIA

The Supreme Court held that under Section 452(1) of the Criminal Procedure Code, an order for disposal of property is only permissible when the property is in the custody or control of the court after the trial. In this case, the seized foreign currency was not produced before the Magistrate and was under the control of Customs Authorities, thus the Magistrate lacked the authority to order confiscation. The Court allowed the appeal, setting aside the confiscation order and leaving the decision regarding the seized currency to the Customs Authorities.