YOUSOOF MARAKAIR Vs. STATE OF MYSORE

JUDGEMENT

(1.) The above revision petition arises out of the order passed by the Additional First Class Magistrate, Civil Station, Bangalore, in Criminal Miscellaneous Petition No. 8 of 1966 regarding the disposal of scooter which was seized from the petitioner, to the second respondent-complainant Dr. Ajit Kumar Singh or Bowring Hospital.

(2.) Facts in brief are these:-

(3.) The scooter in question belonged to the second respondent (complainant). On 3-9-1965, it was lost at the Bowring Hospital at Bangalore. Immediately after the scooter was lost, the second respondent filed a complaint before the Commercial Street Police who registered a case for an offence of theft in Crime No. 262/65. Investigation was being conducted by the police of the Commercial Street Police Station. In the meanwhile, on 10-11-1965, the scooter was found deserted near Viranchipuram. The police of Viranchipuram found the scooter abandoned on the road and seized it and produced it before the Tahsildar and Administrative Second Magistrate, Vellore, on 12-11-1965. The Tahsildar and Administrative Second Magistrate sold the scooter in public auction for the sum of Rs. 1350/- on 28-2-1966 after notifying it in the District Gazette, but before the expiry of six months as required by law. The petitioner purchased it in the said public auction.