Law: Criminal Procedure Code (V of 1898)

Section: 523,550

Criminal Procedure Code (V of 1898)--- ----Ss. 523 & 550---Seizure of vehicle suspected to be stolen---Application for delivery of vehicle---Applicant who claimed to be owner of seized property had stated that without any cause, his vehicle had been taken into custody by the Police under S.550, Cr.P.C.---Counsel for applicant had stated that application was made under S.523; Cr.P.C. for immediate release of vehicle; and that proper registration documents in original, which were in possession of the applicant, were shown to the Magistrate; that Magistrate instead of considering the same, dismissed the application on the ground that proper verification from the Excise and Taxation Department, was awaited---Deputy Prosecutor-General had stated that proper course would to have said verification to confirm that the applicant was true owner of the vehicle---Impugned order was set aside and applicant was directed to appear before the Magistrate---Lt case the police were unable to specify the reasons as to why they suspected that vehicle was stolen or otherwise involved in commission of any offence; and on perusal of original Registration Book of the vehicle; the Magistrate was prima facie satisfied that vehicle was not involved in any crime; or was stolen property; and that prima facie it belonged to the applicant, he would make appropriate order under S.523, Cr.P.C. for interim release of the vehicle to the applicant, pending final confirmation from Excise and Taxation Department. THIS ORDER PASSED BY: MUNIB AKHTAR, J.--- Learned counsel states that the applicant is owner of Suzuki vehicle bearing Registration No.KR-3452 and without any cause his vehicle has been taken into custody by the police under section 550, Cr.P.C. Learned counsel states that the application was made under section 523, Cr.P.C. for immediate release of the car, and proper registration documents in original, which were and continue to be in possession of the applicant, were shown to learned Magistrate. He, instead of considering the same dismissed the application on the ground that proper verification from the Excise and Taxation Department, Motor Registration Wing is still awaited. Learned…

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