AJAHAR ALI Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against an order of a Magistrate at Alipore forfeiting a cycle rikshaw under Section 38A, Calcutta Suburban Police Act (Bengal Act 2 of 1866).

(2.) One Narendra Nath was convicted under Section 38A of the Bengal Act 2 of 1866 for having as alleged plied a rikshaw without a licence. Upon conviction the rikshaw was forfeited by the learned Magistrate by an order dated 30-10-1954. Thereafter on 12-11-1954 an application was made by the petitioner for return of the cycle rickshaw of which he claimed to be the owner. The Magistrate declined to make an order on the ground that he was not in seisin of the case and therefore he could not any longer pass any orders with respect to the cycle rikshaw. This application was presumably treated as one under Section 517, Criminal P. C., and the petitioner being dissatisfied with the Order of the Magistrate, took an appeal to the Sessions Judge of 24-Parganas who however by an order dated 31-1-1955 dismissed the appeal. The petitioner then applied to this Court and obtained the present Rule.

(3.) The only question that arises in this case is whether the proceedings before the Magistrate under Section 38A, Calcutta Suburban Police Act resulting in an order of confiscation of the cycle rikshaw were proceedings to which Section 517 of the Code and those that follow it can be made applicable.