WASEEM ALIAS MOHD WASEEM Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the revisional order, dated 17-6-1981 passed by the VII Additional Sessions Judge Lucknow in Criminal Revision No. 91 of 1981 through which order he set-aside the order, dated 27-5-1981 passed by a Magistrate of the 1st Class at Lucknow under Section 457 CrPC.

(2.) THE facts, relevant for the purposes of this revision, are that the excise authorities seized Car No. URA 6178 containing 480 bottles of illicit liquor whithin the cricle of police station Mohanlalganj in the district of Lucknow, at Mimaura- Sisendi Road on 21-4-81. One Manjit Singh was driving the vehicle at that time. He was taken into custody and the seized vehicle and recovered bottles of liquor were handed over to Mohanlalganj police by the Excise Inspector concerned.

(3.) THE learned counsel for the revisionist relied upon Section 58 of the Act and argued that the Magistrate concerned could also pass suitable orders in a case where excise authorities had seized a conveyance and confiscation order had not been passed by the Collector. I do not agree with his argument because the heading of Section 58 is : "Duty of officer in charge of police station to take charge of articles seized." This section deals with the duties of the officer in charge of the police station to whom seized articles are handed over by the authorities effecting seizure and the said officer in-charge of the police station has to keep those articles in safe custody pending the orders of Magistrate at of the Collector. This section dose not confer any power upon the Collector or the Magistrate. It simply lays down that the officer in charge of the police station concerned, to whom seized articles have been handed over by the authorities concerned, has to deal with those articles as directed by the Collector or the Magistrate. THE Collector has to pass orders under Section 72 of the Act whereas the Magistrate can pass orders under Sections 451, 452 and 457 CrPC according to the exigencies of the situation. Sections 451 and 452 CrPC deal with the cases which have actually come up before the criminal court for inquiry or trial. THE present cases had not come up for inquiry or trial before the learned Magistrate when he had passed the order dated 27-5-1981, though I am told that now charge-sheet in the case has been submitted.