KAILASH CHANDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision application Under Section 401, Criminal Procedure Code (for short 'Cr.P.C') is directed against an order passed by the S.D.J.M., Balasore in Misc. Case No.l of 2000 rejecting the application Under Section 457, Cr.P.C. in which prayer was made to release the vehicle (Maruti van) bearing registration No. OR 2A 4762. seized by the Officer in charge, Chandipur P.S. vide Chandipur P.S. Case No. 64 of 1999.

(2.) THE brief facts as reveal from the application are that in the night of 5.12.1999 some unknown culprits committed theft of four bundles of electric wire from Fairodori Fuse Call centre. In course of investigation the police seized four bundles of electric wire along with the vehicle in question at Jhagarpadhi Chhak and a proceeding was initiated Under Section 379. I.P.C. read with Section 3 of the Electric Supply Line Materials (Unlawful Possession) Act, 1988 (for short 'the Act') and the fact of seizure was intimated to the Authorised Officer cum Superintending Engineer, Electric Circle, NESCO, Balasore and Chandipur P.S. Case No. 64 of 1999 was registered accordingly on the written report of Junior Engineer, Electrical, dated 7.12.1999. An application was filed before the S.D.J.M., Balasore for release of the said vehicle. While dealing with the application Under Section 457, Cr.P.C, the learned S.D.I.M. held that as the proceeding was initiated Under Sections 6 and 7 of the Act, the Magistrate lacked jurisdiction to release the vehicle Under Section 457. Cr.P.C. The said order is impugned in this application. In the present facts and circumstances, I have to examine whether the S.D.J.M. has jurisdiction to release the vehicle so seized.

(3.) SECTION 8 of the said Act provides as follows :