RAVINDRA PATALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition filed under S.482 CrlPC, is directed against the order Date 15-10-77 passed by the Judicial Magistrate FC, III Court, Mangalore, in FIR No.164 of 1977. The said order has been passed by the learned Magistrate on an, application filed by the petitioner under Secs.451 and 457 of the CrlPC in regard to handing over possession of tourist motor-car bearing registration No. KLC.7420.

(2.) The necessary facts, are: that the Ulllal police had seized the car for alleged offences under Secs.62, 86 and 87 of the Karnataka Forest Act, 1963 (to be hereinafter referred to as the Act), read with Secs.379 & 411, IPC. The car was covered by an inter-State permit to carry passengers as a tourist taxi from Kasargod to Mangalore. Ullal police reported the seizure to the Magistrate. On coming to know of that, the petitioner filed the application. But in the meanwhile, on receipt of the report of seizure and on the request made by the police for permission to produce the car and the properties before the authority empowered under Sec.71A of the Act, the Magistrate had granted permission.

(3.) On considering the application filed by the petitioner, the Magistrate ruled that the power in regard to disposal of property was with the authorities prescribed under Secs.71A and 71B onwards of the Act and as such the application of the petitioner was not maintainable before him. Sri A.Ananda Shetty, learned Advocate appearing on behalf of the petitioner, prayed that he may be permitted to argue this petition as a criminal revision petition and Stated that the petition had been, filed under Sec.482 of the CrlPC in November 1977 when the law whether a revision petition would be competent or not as against such orders, was not settled, and the same has been recently settled by the Supreme Court to the effect that a revision petition is competent and the bar contemplated by Sec.397(2) of the CrlPC would not be applicable. Permission is granted. Though the petitioner had filed the application under Secs.451 & 457 of the CrlPC, it is to my mind plain that Sec.451 would not be applicable to the facts of the case because only the report of seizure of the car and the forest produce had been sent to the Magistrate, and no enquiry or trial in regard to these offences, was pending before the Magistrate Moreover the property concerned was not produced before the Magistrate. Sec.457(1) Of the Cr.P.C., is necessary to be looked into. It reads as follows "457. Procedure by Police upon Seizure of Property.-(1) Whenever the seizure of property by any police officer is reported to a Magistrate; under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial the Magistrate may make such order as he think fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the cu'stody and production of such property. A plain reading of the Section show that the power under Sec.457 of the Cr.P.C. can be exercised by a Magistrate whenever seizure of property is made under the provisions of the Cr.P.C. by any police officer and the report is made under the provisions of the Cr.P.C. In the case on hand, it is apparent that the report of seizure has been made to the Magistrate by virtue of Sec.62(3) of the Act, which reads as follows. Every officer seizing any property under this Section shall place on such property or the receptacle or vehicle (if any) i'n which it is contained, a mark indicating that the same has been so seized, and shall, as soon as may be make a report of such seizure tP the Magistrate having jurisdiction to try the offence on account of which the seizure has been made ; Provided that when the forest produce with repect to which such offence is believed to have been committed is the property of Govt and the offender is unknown, it shall be sufficient if the officer makes. as goon aa may be. a report of the circumstances to his official Superior.