Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss. 52 52A Seizure of property Power of magistrate to release seized vehicles Forest Act 1927 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Forest Act, 1927 (16 of 1927) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Forest Act, 1927: ss. 52(substituted by MP Act 25 of 1983), 52A – Seizure of property liable to confiscation and procedure thereof – Seizure of tractor and trolley involved in illegal excavation of sand from Chambal river – Confiscation proceedings initiated in terms of s. 52(3) – Jurisdiction of the Magistrate u/s. 451 CrPC to order interim release of the seized vehicle – Held: Procedure is governed by ss. 52 and 52A – Magistrate has no jurisdiction u/s. 451 CrPC to direct release of the seized vehicle – Order passed by the High Court u/s. 482 CrPC directing the Magistrate to pass orders for interim release of the seized vehicle set aside – Code of Criminal Procedure, 1973 – ss. 451, 482. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 401 |
Petitioner | The State Of Madhya Pradesh |
Respondent | Uday Singh |
SCR | [2019] 6 S.C.R. 154 |
Judgement Date | 2019-03-26 |
Case Number | 524 |
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