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1905 DIGILAW 20 (CAL)

Laks(sic) v. Inspector Ureagan

1905-02-03

body1905
JUDGMENT 1. The Petitioner in this case was convicted under sec. 182, I. P. C, of giving false information charging one Babu Lall De with the theft of a gold chain and a pair of balas knowing that the information was false and intending to cause injury. In convicting the Petitioner, the Magistrate passed an order by which he confiscated the gold chain and the pair of balas and directed them to be sold and the proceeds to be credited to Government with the exception of Rs. 50 which he directed to be paid to Babu Lall De as compensation. 2. In making this order, the Magistrate, as appears from his explanation, professed to act under sec. 517 of the Code of Criminal Procedure. That section enables the Court to make such order as it thinks tit for the disposal of any property produced before it regarding which any offence appears to have been committed, or which has been used for the commission of any offence. 3. In our opinion, sec. 517 was never intended to authorize the disposal of property in the manner directed in this case. The object of the section is to enable the Magistrate to direct the property to be given to some person to whom it appears to belong or to allow it to continue in the possession of the person in whose possession it was found or to make some order of that character. 4. So far, therefore, as the order confiscating the property of the accused is concerned, the rule must be made absolute. We set aside the order regarding the confiscation and payment of compensation. If the property is still in Court, we direct that it be made over to the Petitioner.