KRISHNA INDUSTRIES Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner herein claiming to be the owner of the goods, i.e. rolls of stainless steel sheets, made an application before the Judicial Magistrate, First Class (III Court) Bangalore, seeking for an order under S.523 CrPC. The specific prayer is that the rolls may be delivered to him on account of cerain circumsances set out by him in his application, as he is the person entitled to it. The said application was made in CR. Nos. 35 and 36 of 1973 before the learned Magistrate.

(2.) It would appear that the rolls in question were seized from two lorries and according to the prosecution, were concerned with the commission of an offence under S.5 of the Imports and Exports Control Act. It may be relevant to not that as per the contents of the application made before the learned Magistrate by the police, they were of the view that apparently these goods were concerned with the commission of such offence. At that stage, the present petitioner had not appeared before the Court making a claim as to the possession of such goods. The learned Magistrate acting in exercise of his power under S.523 CrFC directed that the goods might be kept in the custody of the police pending investigation. Subsequent to this order, the petitioner approached the Court by the aforesaid application.

(3.) The learned Magistrate was of the view that he had no authority to review an order made by him under S.523 CrPC. It is in this contort that the petitioner has approached this Court.