Section 457 of the CrPC applies only to property seized by a police officer in accordance with the provisions of the Code.

JUDGMENT :

K.P. Mohapatra, J. - This revision is directed against the order passed by the learned Sub-Divisional Judicial Magistrate, Berhampur, rejecting a petition u/s 457 of the Code of Criminal Procedure 'Code' for short).

2. The relevant facts are narrated below. The petitioner is the owner of a passenger bus bearing registration No. ORC 4345. On 4-9-1985 the bus was found carrying 35 passengers at Dura on Berhampur-Gopalpur road. The Traffic Inspector of Chatrapur inspected the vehicle and noticed the following defects.

1. There was no route permit;

2. There was no R. C. book;

3. There was no fitness certificate;

4. There was no insurance certificate;

5. There was no passenger tax clearance certificate for the sum of Rs. 50,614/- assessed upto 30-9-13;

6. Tickets were not issued to any of the passengers;

7. The Conductor of the vehicle did not possess a Conductor's licence; and

8. The driver of the vehicle was not wearing a driver's badge.

Therefore, the Traffic Inspector seized the vehicle u/s 129-A of the Motor Vehicles Act and Under Sections 15 and 17 of the Orissa Motor Vehicles (Taxation of Passengers) Act and produced the same before the Regional Transport Officer, Chatrapur. He did not tile any prosecution report against the petitioner and manifestly till now no prosecution report has been filed nor any case instituted against him in the Court of the Sub-Divisional Judicial Magistrate, Berhampur.

Soon thereafter, the petitioner filed a petition u/s 457 of the Code before the learned Sub-Divisional Judicial Magistrate, Berhampur, praying for release of the vehicle. After hearing, the learned Sub-Divisional Magistrate held that he had no jurisdiction to pass an order u/s 457 of the Code because, neither a prosecution report was filed nor the seized vehicle was produced before him. The aforesaid order was challenged in this Court in Criminal Revision No. 457 of 1985. This Court directed further enquiry in the presence of both parties to find out if the learned Sub-Divisional Judicial Magistrate had jurisdiction to effectively dispose of the petition u/s 457 of the Code. In pursuance of the aforesaid order, a further enquiry was made and both the parties were heard. Ultimately, the learned Sub-Divisional Judicial Magistrate arrived at the same conclusion namely, he had no jurisdiction to pass an order u/s 457 of the Code, and accordingly he once again rejected the petition.

3. The only point that falls for consideration is whether the learned Sub-Divisional Judicial Magistrate had jurisdiction to entertain and allow the petition u/s 457 of the Code and whether he failed to exertise jurisdiction vested in him according to law. Section 457(1) of the new Code correspond to Section 523 of the old Code with some changes and is reproduced for easy reference :

"457. Procedure by police upon seizure of property : Whenever the seizure of properly by any police officer is. reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof or if such person cannpt be. ascertained, respecting the custody and production of such property."

An analysis of the above provision will show that it applies to all cases of seizure of property by any police officer and such seizure is reported to a Magistrate under the provisions of the Code but not produced before him It also provides for the procedure to be followed by the Magistrate for the disposal of the property. This provision came up for interpretation in this Court in a case reported in 1977 Cri. L.J. 1902, M. S. Jagi v. Subash Chandra Mohapatra, and a learned single Judge arrived at the following conclusions :

"(1) Whenever the seizure of the property by police is reported to a Magistrate, his jurisdiction to act further u/s 457 accrues. Such repo