MALOOK SINGH TARLOK SINGH Vs. STATE

JUDGEMENT

(1.) THIS is revision petition by Malook Singh. It is directed against the order of Shri Kulwant Singh Tiwana Sessions Judge. Ferozepore dated October 14. 1971 dismissing the revision petition filed by the petitioner from the order of Shri Harjit Singh, Judicial Magistrate 1st Class. Muktsar dated July 28. 1971 disallowing the application filed on behalf of the petitioner praying for being delivered on sapurdari truck No. PNF 3408 seized by the police in connection with a theft case registered under Sections 457. 380 and 411. Indian Penal Code.

(2.) BY this application, the petitioner claimed that the truck belonged to him and that the same be given to him as sapurdar pending investigation of the case by the police. The Judicial Magistrate took the view that that truck was a property required in connection with the case in which it had been seized and was also to be produced in a theft case pending in the district of Patiala. The application was rejected. In the revision petition filed against the order of rejection of the application a preliminary objection was raised on behalf of the State that the truck having been seized by the police in course of investigation and there being pending no enquiry or trial by a Court: the Magistrate had under Section 516-A of the Code of Criminal Procedure no power to consider the application of the petitioner. That preliminary objection prevailed and the revision petition was dismissed.

(3.) THE relevant provision of law, under which property seizecd in course of investigation, can be claimed by an owner on sapurdari is Section 523 and not Section 516-A. The relevant portion of Section 523 runs as follows: