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Basudeb Surma GossaIn and anr. Vs. Naziruddin - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1887)ILR14Cal834
AppellantBasudeb Surma GossaIn and anr.
RespondentNaziruddin
Excerpt:
criminal procedure code, 1882, section 517 - order as to property as to which offence has been committed--discharge of accused. - .....of an elephant. they were discharged. the magistrate, however, under section 517 of the criminal procedure code, ordered the elephant to be given to the executive engineer, during, holding that it was the property of government, and the elephant has consequently been made over to that officer by the police. we are of opinion that the magistrate was not competent to pass this order under section 517 of the criminal procedure code, because the elephant was not property produced before him regarding 'which any offence had been committed or which had been used for the commission of any offence,' the magistrate having held that no offence was committed regarding this animal. we, therefore, set aside this order, although we are unable to give it any effect by ordering the.....
Judgment:

1. Two persons were brought before the Extra Assistant Commissioner, a Magistrate of the first class at Tezpore, charged with criminal misappropriation of an elephant. They were discharged. The Magistrate, however, under Section 517 of the Criminal Procedure Code, ordered the elephant to be given to the Executive Engineer, During, holding that it was the property of Government, and the elephant has consequently been made over to that officer by the police. We are of opinion that the Magistrate was not competent to pass this order under Section 517 of the Criminal Procedure Code, because the elephant was not property produced before him regarding 'which any offence had been committed or which had been used for the commission of any offence,' the Magistrate having held that no offence was committed regarding this animal. We, therefore, set aside this order, although we are unable to give it any effect by ordering the restitution of the elephant. In this matter we follow the case of In re Annopurna Bai 1 B. 630. The rule is made absolute without costs.


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