Interim Custody of Seized Property -- Cancellation of Zimanama -- Magistrate cannot cancel interim release order without hearing zimadar or finding breach of conditions
Criminal Procedure Code, 1973, S.457 -- Interim Custody of Seized Property -- Cancellation of Zimanama -- Power to cancel an interim release order of seized property exists only where the conditions of release are breached or the order was obtained by fraud -- Cancellation without notice or hearing to the zimadar violates the rule of audi alteram partem -- Re-appreciation of the factual basis of the original release order amounts to review or revision, which is expressly barred under Section 362 of the Code -- Mere labelling of an application as one for cancellation of zimanama cannot circumvent this statutory bar.
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