Law: Criminal Procedure Code (V of 1898)

Section: 539, 56, 516, 517, 523

  (a) Criminal Procedure Code (V of 1898); ---Ss. 439 & 56.1-A Revision-Impugned order although open to revision yet challenged under S. 561-A-Course adopted open to objection-Petition under S. 561-A notwithstanding non filing of revision application before Sessions Judge, however, treated by High Court under S. 439, in circumstances of case. (b) Criminal Procedure Code (V of 1898), ---Ss. 516-A, 517 & 523-Custody of property-Provisions of S. 516-A and not 517 applicable pending investigation of case-Property seized by police as one creating suspicion of commission of offence-Custody of such property governed by S. 523-Interim custody should normally be handed over to person from whom property is recovered unless there are strong reasons to contrary, A car was purchased by A (petitioner) from B who had purchased it from C. A case was subsequently registered at the instance of C under section 406/420, Penal Code, 1860 in respect of the car which was recovered from possession of A and pending investigations it was handed over by the Magistrate to C on supardari, Held: The order of the Magistrate cannot be sustained. The impugned order purports to have been passed by him under section 516-A, Cr. P. C. which obviously is not the relevant provi sion inasmuch as it could only be invoked when any property of this kind is produced before the criminal Court during enquiry or trial. Since admittedly the case is pending investigation, section 516-A, Cr. P. C. cannot be pressed into service. Likewise section 517 would be out of question inasmuch as that can be invoked after the conclusion of an enquiry or the trial as the case may be. The only relevant section, therefore, to be invoked is section 523, Cr. P. G'. The car was seized by the Investigating Officer in the course of the investigations a piece of property which creates suspicion of the comma on of an offence. There would yet be another provision. Magistrate was called upon to make an order for the interim custody of the property and not for its final disposal. It is well settled that normally in cases of this nature the interim custody of the property so seized should be handed over to the- person…