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TMI Blog1967 (5) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... y was furnished to the Additional District Magistrate, Jaipur who directed the property to remain in police custody. Thereafter the petitioner from jail submitted an application on 3rd December, 1964, to hand over the said property to his second wife Mst. Lilita. This application was addressed to the Additional Munsif Magistrate, Jaipur City who ordered the property to be delivered to Mst. Lilita on 6th January, 1965. A revision application was preferred against the order and on a reference being made, a learned Judge of this Court, set aside the order of the Munsif Magistrate as being without jurisdiction and ordered that the matter should be disposed of by the District Magistrate in accordance with the provisions of Section 26 of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the natural significance of the word 'property' but to restrict its meaning so as to afford an exhaustive explanation Mr. Kasliwal for the non-petitioner has strenuously urged that according to its ordinary connection property includes both immoveable and moveable property and here the word include has an extending force and does not limit the meaning of the term to the substance of the definition. In support he relies on Calico Mills Ltd. v. State of Madhya Pradesh, AIR 1961 Madh Pra 257, S. M. James v. Dr. Abdul Khair, AIR 1961 Pat 242, Sujaniram Daryaosingh v. Lal Shvamshah Bhagwan Shah. AIR 1956 Nag 67, 3. In Dilworth v. Commr. of Stamps, 1899 AC 99, Lord Watson observed: The word 'include' is very generally used ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dinary connotation of the word 'property' and there could not be any doubt or difference of opinion on this point so as to require any clarification by the Legislature. I am of the view that here the word 'include' is equivalent to mean and include as pointed out by Lord Watson in the aforesaid decision. The word 'property' in the Act means any moveable property and also includes money or valuable security. 5. The Act was enacted to reorganise the Police and to make it more efficient instrument of the prevention and detection of crime. It could not have been the intention of the Legislature that Police be empowered in take charge of unclaimed immoveable property also and claims about it be decided summarily by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dinarily with the police. 'Property' is defined in Section 1 as including any moveable property, money or valuable security and clearly the provisions of Section 25, Police Act, would not apply to immoveable property. 9. I have, therefore, no hesitation in coming to the conclusion that the word 'property' as defined in the Act is not capable of being construed in the manner suggested by the non-petitioners and does not include immoveable property and as such under Section 25 of the Act the Police is not authorised to take charge of immoveable property and consequently the District Magistrate has no jurisdiction to deal with it under Section 26 of the Act. 10. This being so the order of appointing receiver for the mana ..... X X X X Extracts X X X X X X X X Extracts X X X X
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