1This is a petition under S.439 of the Code of Criminal Procedure , (wrongly filed as Cr. M. P.) to revise an order of the Sub Magistrate I, Kozhikode in Cr. M. P. No. 38 of 1969. That petition was filed for release of a motor car K. L. D. 8488, which was seized by the Police in the course of investigation of a crime. The petitioner is the registered owner of the car; and it was seized on the ground that it really belonged to the accused, who purchased it with Government money alleged to have been misappropriated by him. The petition was rejected by the Magistrate stating that the Police had not produced the car in Court, and that the question of releasing the car would arise only if and when the car was produced in Court.

2 It is not disputed that the seizure of the car was reported to the Court as required by S.523 Cr. P. C., but the petition was mainly resisted by the Police, stating that it was required for the purpose of investigation, and that the Revenue Divisional Officer, had also passed an order directing the Police to produce it before him. The order of the learned Magistrate was attacked before me as illegal and amounting to refusal to exercise the jurisdiction under S