NDLI: Mustafa Vs. State of Uttar Pradesh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Uni ted Provinces Excise Act ss. 60 and 72 confiscation of the vehicle illicit transportation of the liquorjurisdiction of the Collector to order confiscation 1910
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	United Provinces Excise Act, 1910 (4 of 1910)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	United Provinces Excise Act, 1910 – ss. 60 and 72 – Jurisdiction of Collector to order confiscation of vehicle – A FIR was registered for offences u/ss.60 & 72 of the Act and ss.420, 467, 468 and 471 of IPC in respect of seizure of 154 cartons of illicit liquor, one 0.315 bore country made pistol with two 0.315 bore live cartridges, by a team of Excise Department and the police officials – A notice was served upon the appellant by the District Magistrate, who was also the Collector of the district to show cause as to why the seized truck be not confiscated – Pursuant thereto, the District Magistrate passed an order of confiscation and auction of vehicle – Aggrieved, appellant filed appeal before the District Judge, which was dismissed – Challenge to the said order before the High Court was also unsuccessful – On appeal before the Supreme Court, the appellant contended that since FIR was registered in respect of transportation of illicit liquor, therefore, the Magistrate who is competent to conduct trial alone was competent to pass an order of release of vehicle – It was further contended that it is on completion of the trial; the Magistarte would pass an order of confiscation of the vehicle – Thus, Collector had no jurisdiction to pass an order of confiscation of the vehicle – Held: The confiscation of the vehicle found in illicit transportation of the liquor is an offence which can be investigated by an Excise officer as well as by a police officer – But, sub-section (2) of s.72 of the Act confers power upon the collector to order confiscation of such thing or animal ‘whether or not a prosecution for such offence has been instituted’ – Therefore, the power of the Collector to confiscate the seized thing or animal is independent of prosecution – Also, the proviso to subsection (2) of Section 72 of the Act gives an option to the owner to pay such fine as the Collector thinks adequate not exceeding its market value in lieu of its confiscation – It, thus, transpires that it is the Collector who has been conferred exclusive jurisdiction to order confiscation of a thing or animal – Further, the criminal court before whom the prosecution is lodged, will not have jurisdiction to release anything or animal whether interim or final as the Act in question has provisions contrary to the provisions contained in the Code of Criminal Procedure – In view thereof, there is no error in the order passed by the High Court regarding the jurisdiction of the Collector to order confiscation – However, matter remitted back to the High Court to exercise the power of judicial review over the order of confiscation passed by the Collector and affirmed by the District Judge.United Provinces Excise Act, 1910 – Code of Criminal Procedure, 1973 – Procedure of confiscation of vehicle – Held: The offences under the Act in terms of sub-section (2) of s. 4 of the Code are to be dealt with according to the provisions of the Code but subject to the provisions of the Act, 1910 regulating the manner or place of investigating, inquiring into, trying or dealing with such offences – Since the procedure of confiscation of the vehicle is prescribed under the Act, 1910 it is the provision of the Act which will be applicable and not Chapter XXXIV of the Code – S. 5 of the Code saves special or local laws or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 924
Petitioner	Mustafa
Respondent	State Of Uttar Pradesh & Ors.
SCR	[2019] 10 S.C.R. 754
Judgement Date	2019-08-20
Case Number	6438

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