KRUSHNA CHARAN MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application has been filed invoking the jurisdiction of this Court under S.482 of the Code of Criminal Procedure, as the petitioner's application for release of the motor vehicle was rejected by the learned Magistrate and on revision, the said order of rejection has been affirmed.

(2.) In connection with G.R. Case No. 232 of 1988 under Ss.436/323/427/379, Penal Code, a truck bearing registration under ORL 537 was seized by the Investigating Officer on 22-7-1988. The petitioner is admittedly the owner of the said truck. After the seizure, the petitioner filed an application invoking the jurisdiction of the Magistrate under S.457 of the Code of Criminal Procedure for getting custody of the vehicle. The learned Magistrate rejected the said application solely on the ground that the case being one triable by Court of Session, he had no jurisdiction to deal with the application. The petitioner, therefore, carried a revision to the Court of Session. The learned Sessions Judge came to the conclusion that the Magistrate was in error to hold that in a case triable by Court of Session, the Magistrate has no jurisdiction under S.457, for release of the seized property. In fact, the learned Sessions Judge has held that S.457 of the Code does not put any embargo on a Magistrate to pass any order regarding disposal of the property involved in a case though triable by a Court of Session, but he has rejected the application on the ground that S.457 in terms cannot apply since the matter is still under investigation. In support of the aforesaid finding, the Sessions Judge has placed reliance on the decision of the Andhra Pradesh High Court in the case of State v. Smt. Syad Belouis Sultana, (1986) 1 Crimes 177.

(3.) The short question for consideration, therefore, is whether S.487 of the Code can at all be attracted during the continuance of investigation and before filing of the chargesheet or final form. Chapter XXXIV of the Code of Criminal Procedure deals With disposal of property. S.451 contained therein deals with a situation when any property is produced in any criminal Court during any inquiry or trial and the court thinks it fit for passing appropriate order for proper custody of such property pending conclusion of the inquiry or trial. S.452 deals with a situation where after conclusion of the trial, the Court can pass an order regarding disposal of the property in question. S.457 is the only other Section in the chapter dealing with disposal of property. For better appreciation of the point in issue, S.457 of the Code is extracted hereunder in extenso :-