Tamilvelu vs State

B. Akbar Basha Khadiri , J.—Heard both sides. The petitioner is aggrieved by the orders passed by the learned Judicial Magistrate No.VII.

Madurai in Crl.M.P.No.41 of 1999 dated 6.1.1999. The petitioner has come forward with the instant Criminal Revision Case to set aside the orders passed by the learned Magistrate.

According to the petitioner, the petitioner had filed an application for return of vehicle bearing Registration No.TN59-Y-8467. which was seized in Cr.No.518 of 1998 by the respondent, Thirunagar Police Station. Madurai. The petitioner had preferred the said application under S.457

(2) Cr.P.C. to the learned Magistrate, seeking interim custody of the vehicle. But the learned Judicial Magistrate rejected the request on the ground that the case is triable by Court of Sessions.

The learned counsel for the petitioner submits that the Court of Sessions is not the Court, which has jurisdiction to return the vehicle, because the vehicle is in the custody of the Judicial Magistrate. The learned counsel cited a decision reported in State Vs. K.C. Vanaspati, wherein the Jammu & Kashmir High Court has pointed out that the Magistrate, before whim the property recovered by police is produced, whether he is competent to try the case, in which the property has been seized or not, he is the authority who can pass orders regarding interim custody of the vehicle.

The learned counsel had also referred to another decision reported in V. Parakashan Vs. K.P Pankajakshan and Another, wherein Padmanabhan. J. has pointed out that in matters of this type, the trial Court viz., the Sessions Court, had no jurisdiction to order for interim custody whereas the committal Magistrate, in whose custody the vehicle is placed, is the competent authority.

In view of the decisions cited supra and by virtue of provisions of S.457 (2) of Cr.P.C. the Magistrate is competent to pass orders, whether or not to entrust the interim custody of the vehicle to the petitioner.

Therefore, this Criminal Revision case is allowed, and the order passed by the learned Magistrate is set aside. Learned Magistrate shall restore Crl.M.P.41 of 1999 in his file hear both sides and pass orders expeditiously