DEVIDAN SOWCAR Vs. JANAKI AMMAL

JUDGEMENT

(1.) In this criminal revision case, the petitioners seek the cancellation of the order of the Commissioner of Police, Madras, in Criminal Miscellaneous Case No. 3449 of 1931, dated 31st October, 1931, regarding the: disposal of certain jewels taken from them by the Police, in the course: of an investigation of the offences of cheating and criminal breach of trust, alleged to have been committed by one Baby Animal, a woman of the dancing girl caste. The petitioners are professional money-lenders, carrying on business in Sowcarpet, Madras. They allege that these jewels were pledged with them by the said Baby Animal, who had previous dealings with them, and the loans were advanced by them on the pledge of these jewels, bona fide believing her to be the owner thereof, and without knowledge of any defect in her title. The investigation by the Police seems to have proceeded to some extent, but before its completion, the accused (Baby Ammal) died on 10 October, 1931. Dealing with the disposal of these jewels, the Commissioner of Police passed orders under Section 523, Criminal Procedure Code, directing the delivery of these jewels to the several complainants (who are also said to be dancing girls) and declined to modify those orders, though the petitioners requested him to return the jewels to them, on their furnishing proper security.

(2.) Two questions have been argued in this criminal revision case. The first point is, whether the Commissioner of Police has jurisdiction to pass orders under Section 523, and the second point is, whether the order in question is liable to be interfered with in revision.

(3.) The first question depends for its answer on a proper construction of Section 7 of the Madras City Police Act (Madras Act III of 1888). It runs thus: The Commissioner shall, by virtue of his office, be a Presidency Magistrate, but shall exercise his powers as Magistrate subject to such orders as may from time to time be issued by the Governor in Council: Provided that he shall not exercise any powers under Chapters XVIII, XX or XXI of the Criminal P. C., 1882.