Case Note & Summary
The petitioner, Amol Ramhari Waje, filed a Criminal Writ Petition before the Bombay High Court (Aurangabad Bench) challenging the orders of the Magistrate and the Additional Sessions Judge rejecting his application for return of his vehicle (registration No. MH04GF9569) seized in Crime No. I-131 of 2018 for an offence under Section 379 of the Indian Penal Code (theft). The facts are that the Executive Magistrate, Kopargaon, purportedly under the Maharashtra Land Revenue Code and the Mines and Minerals (Development and Regulation) Act, 1957, had seized several vehicles, including the petitioner's, and parked them at the M.S.R.T.C. Depot, Kopargaon on 30.06.2018. The watchman, Narayan Baburao Gaikwad, reported that all vehicles were stolen the next morning. The police registered a theft case and seized the vehicle during investigation. The petitioner applied under Section 457 of the Code of Criminal Procedure, 1973 (CrPC) for interim custody of the vehicle. The Magistrate rejected the application, and the Additional Sessions Judge confirmed the rejection in revision, primarily on the ground that the vehicle was seized under the Maharashtra Land Revenue Code and the Mines and Minerals Act, not under the CrPC. The High Court considered the issue of whether the courts below erred in rejecting the application. The court noted that the seizure was made by the police during investigation of a theft case, which is under Section 102 CrPC, and the vehicle was not required for further investigation. No other claimant had come forward. The court held that the petitioner, being the registered owner, was entitled to interim custody under Section 457 CrPC. The court allowed the petition, set aside the impugned orders, and directed the return of the vehicle to the petitioner on conditions: the petitioner must furnish a bond of Rs. 5,00,000 with one surety, produce the vehicle as and when required by the trial court, not transfer or alienate the vehicle, and not change its colour or structure.
Headnote
A) Criminal Procedure Code - Interim Custody of Seized Property - Section 457 CrPC - Property seized under Section 102 CrPC can be returned under Section 457 CrPC - The petitioner's vehicle was seized during investigation of a theft case under Section 379 IPC. The Magistrate and Sessions Judge rejected the application for return on the ground that the vehicle was seized under the Maharashtra Land Revenue Code and Mines and Minerals Act, not under CrPC. The High Court held that the seizure was under Section 102 CrPC and the vehicle was not required for investigation, and no other claimant appeared. The court directed return of the vehicle on conditions. (Paras 5-7) B) Criminal Procedure Code - Seizure of Property - Section 102 CrPC - Police have power to seize property suspected to be stolen - The vehicle was seized by police during investigation of theft. The court noted that the seizure was under Section 102 CrPC, not under the Maharashtra Land Revenue Code. (Para 5) C) Criminal Procedure Code - Return of Property - Section 457 CrPC - Conditions for interim custody - The court held that since the vehicle was not required for investigation and no other claimant appeared, the petitioner, being the registered owner, was entitled to interim custody. The court directed the petitioner to furnish a bond and produce the vehicle as and when required. (Paras 6-7)
Issue of Consideration
Whether the courts below erred in rejecting the application for return of the seized vehicle under Section 457 of the CrPC on the ground that it was a property seized under the Maharashtra Land Revenue Code and Mines and Minerals Act, and not under the CrPC.
Final Decision
The petition is allowed. The impugned orders are quashed and set aside. The vehicle bearing registration No. MH04GF9569 shall be returned to the petitioner on his furnishing a bond of Rs. 5,00,000 with one surety to the satisfaction of the trial court. The petitioner shall produce the vehicle as and when required by the trial court, shall not transfer or alienate the vehicle, and shall not change its colour or structure.
Law Points
- Section 457 CrPC empowers Magistrate to order interim custody of seized property pending conclusion of inquiry or trial
- property seized under Section 102 CrPC can be returned under Section 457 CrPC
- vehicle not required for investigation and no other claimant entitles owner to interim custody
