1967 (5) TMI 81

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....e Police Act, 1861, (hereinafter called the Act). An inventory of the said property 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 t....

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....ase the context of the Act show& that it was not employed for the purpose of adding to 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, 1....

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....n? In my opinion 'no' because obviously every moveable property is included in the ordinary 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....