STATE OF KARNATAKA Vs. ANAND MANJUNATH PAI

JUDGEMENT

(1.) The Judicial Magistrate, 1st Class, Dharwar, by order dated 25-6-1986 passed in Kalaghatgi P.S. Cr. No. 63 of 1982, having directed to release the vehicle seized to the respondent and the same having been confirmed on revision, by the Principal Sessions Judge, Dharwar, in Criminal Revision Petition No. 132 of 1986, by his order dated 19-11-1986, the petitioner-State has presented this petition.

(2.) The vehicle bearing registration No. MEW 8098, which was allegedly used in transporting the Sandalwood, was seized by the Police during investigation on 18-6-1986 from Unkalgarrage Accordingly, a report regarding the same, was sent to the Magistrate. On the respondent-owner of the vehicle making an application under Section 457 Cr.P.C., for the interim custody of the vehicle, he directed to entrust the custody of the vehicle so seized to the respondent on certain conditions, on the ground that the vehicle was not seized together with the forest produce by his order dated 25-6- 1986.

(3.) Being aggrieved, when the State preferred a revision before the Principal Sessions Judge, Dharwar, he also, agreeing with the Magistrate, held that the Magistrate had jurisdiction to make an order regarding the interim custody of the vehicle under Section 457 Cr.P.C., inasmuch as the vehicle was not seized along with the forest produce. Accordingly, he having dismissed the revision; being aggrieved, the State has presented this petition.