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King-emperor Vs. Balu Kuppayyan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1902)ILR25Mad525
AppellantKing-emperor
RespondentBalu Kuppayyan
Excerpt:
stamp act - act ii of 1899, section 33 --seizure of documents under search-warrant--document that 'comes' before a magistrate. - .....sent to him under section 38(2) of the stamp act. the collector will have to return them to the deputy magistrate under section 40(3) of the same act. when they have been so returned, the deputy magistrate may dispose of them under section 517, criminal procedure code, and we have no doubt that he will do so without any unnecessary delay.2. we have no authority to order the return of the documents to the party at this stage unless the action of the deputy magistrate in impounding them under section 33(2)(a) of the stamp act was illegal. it is argued that the action of the deputy magistrate was illegal, because the documents did not come before him in the performance of his functions within the meaning of section 33(1), but we are unable to accept this contention. the word 'comes' is.....
Judgment:

1. The documents in question are, as we understand the case, in the legal custody of the Collector, having been sent to him under Section 38(2) of the Stamp Act. The Collector will have to return them to the Deputy Magistrate under Section 40(3) of the same Act. When they have been so returned, the Deputy Magistrate may dispose of them under Section 517, Criminal Procedure Code, and we have no doubt that he will do so without any unnecessary delay.

2. We have no authority to order the return of the documents to the party at this stage unless the action of the Deputy Magistrate in impounding them under Section 33(2)(a) of the Stamp Act was illegal. It is argued that the action of the Deputy Magistrate was illegal, because the documents did not come before him in the performance of his functions within the meaning of Section 33(1), but we are unable to accept this contention. The word 'comes' is sufficiently wide to include the production of documents under a search-warrant issued by the Magistrate.


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