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Rajasthan High Court · body

2000 DIGILAW 356 (RAJ)

U. O. I. v. M/s R. K. Minerals

2000-03-15

P.K.TEWARI

body2000
JUDGMENT 1. :- This revision petition is directed against the order dated 29.11.99 passed by the Additional Sessions Judge, Jaipur City Jaipur in Criminal revision No. 117/99 whereby he set aside the order dated 28.9.99 passed by the Special Judicial Magistrate, Economic Offences, Jaipur and gave the seized vehicle to the respondent on superdaginama. 2. Heard the learned counsel and perused the order passed by both the courts below. The Truck No. RJ 02-G-1603 along with 250 bags of cement was seized by the Excise Authorities on 1.7.99. An application under section 457 Cr.P.C. filed by the present respondent was rejected by the aforesaid Judicial Magistrate, Economic Offences, but the learned Additional Sessions Judge, Jaipur, allowed the revision petition and ordered to hand over the vehicle to respondent M/s. R.K. Minerals vide order dated 29.11.99. 3. The learned counsel on behalf of the petitioner submitted that no FIR has been lodged with the Police. No complaint has been filed so far. Therefore, the seized vehicle could not have been released by the Additional Sessions Judge because no application under section 457 Cr.P.C. is maintainable. 4. I have gone through the order passed by the learned Additional Sessions Judge. 5. Section 451 clearly deals with the property produced before any criminal court during any enquiry or trial. Section 452 deals with the order of disposal of property at the conclusion of trial. According to Section 457 "whenever the seizure of property by any police is reported to Magistrate under the provisions of this Code and such property is not produced before a criminal court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or delivery of such property to the person entitled to the possession thereof or if such person cannot be ascertained respecting the custody and production of such property. 6. In the instant case no FIR has been lodged. No complaint has been filed. The seizure has not been reported to a Magistrate. The truck has been seized by the officer of the Excise Department and not by the police. Under this situation application for handing over of the seized vehicle could not be allowed under section 457 Cr. P. C. by the court against order dated 29.11.99 passed by Special Judge SC/ST Court and Addl. Distt. & Sessions Judge, Jaipur City, Jaipur in Cr. Under this situation application for handing over of the seized vehicle could not be allowed under section 457 Cr. P. C. by the court against order dated 29.11.99 passed by Special Judge SC/ST Court and Addl. Distt. & Sessions Judge, Jaipur City, Jaipur in Cr. Revision No. 117/99. 7. Therefore, the revision petition is allowed. The order of Additional Sessions Judge, Jaipur dated 29.11.99 is set aside.Revision Allowed. *******