VISHNU PRASAD VAISHNAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The central legal issue that falls for consideration in this petition is whether the Magistrate has jurisdiction under Section 457 of the Code of Criminal Procedure to grant custody of vehicle seized for violation of an order made in exercise of power conferred by Section 3 of the Essential Commodities Act, 1955 ?

(2.) The petitioner is registered owner of four wheeler bearing registration No. CG-04-J.D.-2238. The said vehicle has been seized by the Police Station Karora, District Raipur in connection with Crime No. 298/13 for commission of offence punishable under Section 379 of the Indian Penal Code read with Section 3 & 7 of the Essential Commodities Act, 1955 (henceforth 'EC Act, 1955') as the said vehicle was found involved in transporting the rice reserved for the poor and needy people under the Public Distribution System.

(3.) The petitioner, being the registered owner of the vehicle, made an application under Section 457 of the Code of Criminal Procedure (henceforth 'the Code') stating inter alia that he, being the registered owner of the vehicle, is entitled for custody of the vehicle in question as it is lying unused in the Police Station. The said application was opposed by the Public Prosecutor.