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1956 Supreme(AP) 47

BHIMASANKARAM
TENALI SITIAH – Appellant
Versus
State – Respondent


BHIMASANKARAM, J.

( 1 ) SECTIONS 517 and 523 are mutually exclusive. Sec. 517 applies to a case where there has been an inquiry or trial which has been concluded, while Sec. 533 deals with property seized by the police under Sec. 51 or alleged or suspected to have been stolen or found under circumstances which create suspicion of the commission of any offence. When there has been an enquiry or trial, Sec. 523 cannot apply. There is nothing in the Code which enables the Magistrate to keep the property in his custody conditional on the institution of or pending a civil suit, or to impose conditions on a person to whom the property is delivered. In cases where Sec. 523 applies, the Magistrate may direct that if no person establishes his claim to such property or if the person in whose possession such property was found is unable to show that it was legally acquired by him, such property should be at the disposal of the State Government and may be sold under the orders of certain officers. But even so, it is only for the benefit of the true claimant because an order directing that the property be at the disposal of the Government is not tantamount to an order of confiscation. Normally t

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