SRINIBAS SAHU Vs. STATE

JUDGEMENT

(1.) Delivering of a motor cycle seized in respect of which as offence is under investigation is subject matter of consideration in this application u/S.482, Cr. P.C.

(2.) After seizure of the motor cycle which was not produced in Court. petitioner who is informant and accused NO.2 each filed application for delivery of the same. Considering the claims which are counter to each other, trial court directed that the same cannot be delivered in favour of either. Both of them filed revisions before the learned Sessions Judge who has directed delivery of the motor cycle in favour of accused No. 2 in whose name the registration under the Motor Vehicles Act has been effected. This is grievance of petitioner.

(3.) U/S. 457, Cr. P.C. when seizure of property is reported to a Magistrate and such property is not produced before a criminal court during enquiry or trial, the Magistrate may make such order as he thinks fit for disposal of the property or the delivery of such property to the person entitled to possession thereof. If such person cannot be ascertained, he may pass such order respecting custody and production of the property.