JUDGMENT C.D. Parekh, J. - This reference has been made by order dated 28th September, 1970 passed by the Ist Addl. Sessions Judge, Allahabad. By this order, the Sessions judge has recommend- ed that the order dated 16th September, 1970 passed by the City Magistrate, Al- lahabad be quashed. 2. The facts of the case are simple. One Suresh Chandra was found driving a vehicle, i. a scooter no. U. P. Z. 7171 and that he was carrying with him some foreign marked gold which was liable to confiscation by the revenue authorities. It was further alleged that the said scooter belonged to one Hari Om Prakash. The Scooter and Suresh Chandra were apprehended by the officers of the Central Fxcise Department at Allahabad and Suresh Chandra applied for the re- turn of the scooter ; the City Magistrate by the order dated 16th September, 1970 ordered for the return of the scooter to him. 3. under section 115 (2) of the Customs Act, 1952 the vehicle could not have been released by the City Magistrate. If any release was desired the customs authorities could have done so. The City Magistrate appears to have passed this order under section 523 Cr.P.C. This in the opinion of the learned judge, was wrong exercise of jurisdiction and the magistrate wrongly ordered for the return of the vehicle and thus the learned Judge has made this re- commendation. 4. In view of the provisions as contained in sub-cl. (2) of S. 115 of the Customs Act, I think the magistrate has wrongly passed the order for the return of the scooter. He has no jurisdiction to do so. 5. I, therefore, accept the reference and set aside the order dated 16th September, 1970. His order dated 16th September, 1970 will not be given effect and if the scooter has been delivered to Suresh Chandra he is directed to return the same to the customs authorities and in case of his failure to do so, the scooter once again be seized according to law.