- (1.) Heard learned Counsel for the petitioner and learned Additional Government Advocate for the State as well as perused the documents available on record.
(2.) This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the petitioner for quashing the impugned order dated 18.10.2010 passed by the learned Chief Judicial Magistrate, Ambedkar Nagar in Misc. Case No. 1511/2010, under Section 207 of the Motor Vehicle Act, 1988 (hereinafter referred to as the 'Act') whereby the learned Magistrate has rejected the application moved by the petitioner to release his vehicle seized by the A.R.T.O., Ambedkar Nagar under Section 207 of the Act.
(3.) The learned Counsel for the petitioner submits that Section 457 of the Code lays down that: 457. Procedure by police upon seizure of property. (1) Whenever the seizure of property 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 cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the property to delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.;