Jarip Gazi vs Emperor

We think the order of confiscation of the boats in this case cannot stand. The Deputy Magistrate explains that he considers that the boats were used for the commission of an offence within the meaning of cl. (1) of sec. 517 of the Code of Criminal Procedure. We hardly think that such could have been the intention of the Legislature. A man may use a lathie or other instruments for committing an offence. No doubt such a weapon can be dealt with under the section in question, but if the interpretation put by the Magistrate upon the section were sound, one might conceive a case in which the house used by thieves or counterfeiters of coin for carrying on their unlawful trade would be liable to confiscation. Such an interpretation has never been given to this section. Apart from the question of law we think that the confiscation of the boats which apparently were hired by the Petitioners would be very unjust to the owners. We direct that the order of confiscation of the boats be set aside and the boats be restored to their lawful owners.