- (1.)Learned counsel for the petitioner(s) submits that the police seized the vehicle(s) mentioning it to be under Section 38 of the Rajasthan Police Act, 2007 (hereinafter referred to as "the Act") treating it as unclaimed property, learned Magistrate has rejected the application filed by the petitioner(s) seeking possession of the said vehicle on the ground that it is unclaimed vehicle(s). Learned counsel for the petitioner(s) submits that the petitioner(s) is a registered owner of the vehicle(s) and therefore, the proceedings under Section 38 of the Act could not have been undertaken and even if, the same was undertaken; once, the learned Magistrate has come to knowledge that the vehicle is duly registered and the registered owner is before it for claiming the same, there was no occasion for not releasing the said vehicle. It is also submitted that the provisions of Section 38 of the Act cannot be misused in such a manner to deprive the petitioner(s)of its ownership and title of the vehicle(s), which has been seized wrongfully by the police.
(2.)I have considered the submissions as above.
(3.)A bare look at the provisions of Section 38 of the Act would be relevant, hence, the same is quoted as under:
"38. Police officers to take charge of unclaimed property - (1) It shall be the duty of every police officer to take charge of unclaimed property, and to furnish an inventory thereof to the Police Station having jurisdiction.

(2) The manner of disposal of such property shall be such as may be prescribed.

Explanation:- For the purpose of this section "property" shall mean any movable property, money or valuable security."