6. According to the plain language of Section 517 the very custody of the car gave jurisdiction to the Sessions Judge to make an order for its disposal. It was not necessary to confer jurisdiction that the car must have been used for the commission of the offence. If the car was produced before the Court or was in its custody, that alone could confer jurisdiction upon the Court for making an order regarding its disposal. This view has been upheld in B. Ram Lal v. State . It was held, that it does not matter if the property has not been used for the commission of any offence or is not one regarding which any offence has been committed. The bare fact that it is produced by the police before the Magistrate invests him with the authority to pass an order for its disposal.
4. Mr. Murty first contended that on the finding of the trying Magistrate that no offence was committed in respect of the said handas, the learned Magistrate had no jurisdiction to pass any order under Section 517, Cr P. C. According to him the language of Sub-section (1) of that section if properly construed would indicate that the jurisdiction of the Court to pass an order in respect of any property produced before it would arise only if it appears to the Court that an offence has been commuted regarding that property or if the property has been used for the commission of any offence. There is however no justification for giving such a narrow construction to that sub-section. On the other hand, in Ram Lal v. State, AIR 1954 All 758 (para. 16) it was held that even though property produced before the Court has not been used in the commission of any offence, or in respect of which no offence has been committed, nevertheless the mere fact that it was produced before the Magistrate by the Police would invest him with
authority to pass orders for its disposal. There is no subsequent decision taking a contrary view.