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2017 DIGILAW 609 (JK)

Sobat Ali v. State of J&K

2017-08-11

SANJAY KUMAR GUPTA

body2017
JUDGMENT : 1. Petitioners have filed present petition under Section 561-A Cr.P.C. for quashing of GD No.028 dated 29.07.2017 on various grounds. 2. From the perusal of GD No.028 dated 29.07.2017 of Police Station Janipur, it is evident that police of Police Station Janipur found a vehicle bearing No.JK02AE-8279 standing in suspicion condition near Paloura Top and, therefore, it has been seized on 29.07.2017 under Section 550 Cr.P.C. 3. The main argument of learned counsel for the petitioners is that vehicle in question should not have been seized under Section 550 Cr.P.C., but should have been seized under Section 26 of the Police Act, 1983. 4. Perusal of Section 550 Cr.P.C., reveals that it empowers the police officer to seize any property, which may be alleged or suspected to have been stolen or which may be ound under circumstances which create suspicion of the commission of any offence. Procedure for release of such vehicle has been given in Section 523 Cr.P.C. Under this Section, Magistrate is empowered to pass such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to possession thereof. Petitioners have, thus, alternate remedy. Now law is settled that when there is alternate remedy available, the provisions of Section 561-A Cr.P.C. cannot be invoked. Further, petitioner has raised disputed question of facts, which cannot be adjudicated upon in this petition. 5. Hence, this petition is dismissed. However, petitioners may approach the competent Court for release of vehicle on the grounds as mentioned in the instant petition.