The Magistrate has no power to dispose of property under Section 457 of the Cr. P.C. when he has no power to hold enquiry or trial in the case.

In this revision the scope and ambit of the provisions of Section 457 (new) Cr. P.C. require consideration.

2. A car ADY 3893 was seized by the Investigating agency from the possession of the accused. The State filed a case which we exclusively triable by a Sessions Judge and the abovementioned car, according to the prosecution, serves as a piece of evidence for the prosecution as it was piloting the lorry that was transporting the illicit liquor and the accused obstructed the investigating officer from intercepting the lorry and as such the investigating officer had to open fire and the bullets had hit the dicky and the petrol tank of the car and thus the car provides important material in support of the prosecution case.

3. The petitioner claiming himself as the owner of the car filed a petition before the Magistrate on whose file the case is pending as P.R.C. for the delivery of the car to him on the ground that the car shall be spoiled if it is not in use, that the investigating agency has wrongly seized the car, that it was not seized at the place of offence and that the petitioner undertakes to produce the car as and when required by the Court for the purpose of identification.

4. The learned Magistrate held that he had no jurisdiction to hold preliminary enquiry under the new Code before committing the case to the Sessions Court and as such he has no jurisdiction to pass any order for delivery of the property and the provisions of Section 457, Cr. P.C. have not given the power to the Magistrate who has no power to hold enquiry or trial to order for delivery of the property that was seized and hence the petition is not maintainable.

5. Sri Rama Sarma, learned counsel for the petitioner, assails this order. He contends that Section 457 corresponds to Section 523 (old). According to him, the Code has given power to the Magistrate under Section 523, Cr. P.C. to deliver the property seized by the police even before the enquiry or trial and hence the Magistrate is given the same power under Section 457 of the new Code and as such the Magistrate committed error in holding that he has no power under Section 457 to pass orders for delivery of property or that the petition is not maintainable.

6. Sri Srinivasa Rao, the learned Public Prosecutor, contends that the provisions of Section 457, Cr. P.C. will be applicable if the property seized by the police is not produced before the Magistrate during enquiry or trial and as the Magistrate in this case has no power to hold enquiry or trial except committing the case to the Sessions Court without any such enquiry, he has no power to pass any order of disposal of the property under Section 457, Cr. P.C.

7. In order to appreciate the scope and ambit of the provisions of Section 457 of the new Code it is necessary to examine the relevant provisions of the old Code that deal with the disposal of the properties involved or appear to be involved in a criminal proceeding.

8. Chapter XLIII of the Old Code deals with the disposal of the property at various stages. Section 516-A deals with the power of the Magistrate to pass order to who is the person that is competent to have the custody of the property involved or appears to be involved in any criminal case pending the conclusion of enquiry or trial if it was produced before the Criminal Court during enquiry or trial on the ground that the property is subject to speedy or natural decay or that it is otherwise expedient so to do. In such a case, the Court after recording such evidence as it is necessary may order it to be sold or otherwise disposed of.

9. Section 517 deals with the power of the Magistrate after the enquiry or trial is concluded to dispose of the property. This section gives the power to the Magistrate after the enquiry or trial is concluded to make such order as he thinks fit for the disposal by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise of the property prod