The Counsel for the petitioner, however, relied on the decision of the single Judge of the Allahabad High Court in the case of Ram Sewak Jaiswal vs. State of U.P., 1996 Cri.LJ 1012. In that case, the Court opined that the Magistrate does not have power to release the vehicle under the Code of Criminal Procedure. We disagree with the said opinion. Inasmuch as, once the matter proceeds before the regular criminal Court as a criminal case and the vehicle is shown as property involved in the said criminal case, it is only the Magistrate who takes cognizance of the case, competent to issue directions regarding return of property till
the said criminal case is finally disposed of and none else.
7. No doubt, Section 207 of the Motor Vehicles Act are special provisions but even so, a police officer or the person authorized by the State Government under the said enactment shall cease to exercise powers under section 207 of the Motor Vehicles Act qua the vehicle which is subject matter of criminal case of which cognizance is taken by the Court, consequent to the registration of offence and making the said vehicle as a crime property.
Bombay High Court
Shri Balu @ Dinkar Baburao Tambe vs State Of Maharashtra on 8 October, 2012
Bench: A.M. Khanwilkar, R.Y. Ganoo