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CHATTISGARH HIGH COURT
A.K. Goel, CJ
Vishnu Prasad Vaishnav v. State of Chhattisgarh
| Table of Content |
|---|
| 1. jurisdictional issues regarding vehicle seizure (Para 1 , 2 , 3) |
| 2. arguments against the jurisdiction of the magistrate (Para 4 , 6 , 8) |
| 3. judicial analysis of relevant statutory provisions (Para 5 , 9 , 12) |
| 4. interpretation of sections concerning jurisdiction (Para 10 , 14 , 16) |
| 5. final ruling on the petition (Para 20 , 22 , 23) |
1. The central legal issue that falls for consideration in this petition is whether the Magistrate has jurisdiction under S.457 of the Code of Criminal Procedure to grant custody of vehicle seized for violation of an order made in exercise of power conferred by S.3 of the Essential Commodities Act, 1955 .
2. The petitioner is registered owner of four wheeler bearing registration No. CG - 04 - J.D. - 2238. The said vehicle has been seized by the Police Station - Karora, District Raipur in connection with Crime No. 298/13 for commission of offence punishable under S.379 of the Indian Penal Code read with S.3 & S.7 of the Essential Commodities Act, 1955 (henceforth 'EC Act, 1955') as the said vehicle was found involved in transporting the rice reserved for the poor and needy people under the Public Distribution System.
3. The petitioner,
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