Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code 1973: Section 482 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Exercise of power under-Jurisdiction of Criminal Court barred under S. 59G of the Forest Act, 1927-However, High Court, exercising jurisdiction under S. 482, in a confiscation proceeding under the Act, ordered interim release of the vehicle-Correctness of-Held: Once a confiscation proceeding was initiated under the act jurisdiction of the criminal court stood excluded. Hence, High Court exceeded its jurisdiction under S. 482-However, High Court could exercise such a power only in exercise of its power of judicial review. Exercise of power under-Held: High Court could exercise power under S. 482 in relation to a molter pending before a "court"-Such a "court" in the context of Cr.P.C. would mean a "criminal court" or whence the power was exercised by the court under Cr.P.C. Forest Act, 1927: Ss. 50A to 59G (inserted by the State amendment)-Seizure and confiscation-Object of provisions-Held: To preserve the forests so as to maintain ecological balance-Such provisions should be liberally construed. Since illegal seizure amounted to deprivation of property and the owner thereof was deprived of the right of property, therefore, the rights of the parties must be delicately balanced-Constitution of India, 1950, Arts. 48A, 51-A{g) and 300. Section 59-A--Confiscation of vehicle-Used lo carry fores/ produce H without valid transit permission-Scope and ambit of-Held: ls discretionary. However, sufficient safeguards existed against arbitrary exercise of power- neither a penalty nor a punishment. Section 59-B-Confiscation proceedings-Commencement of-Held: A Commenced after issue of notice under S. 59-G. Section 59-D(2)-0rder of confiscation-Appeal against-Held: Only an order of the appellate court became final and binding-But such an order would not preclude the aggrieved person from moving the High Court in judicial review-Constitution of India, 1950, Art. 226. Section 59-B- Issue of notice-Appellate court set aside confiscation proceedings on the ground that notice was invalid-However, the appellate court directed the authorities to decide the mailer afresh in accordance with law-Correctness of-Held: Valid proceeding for confiscation of the vehicle could be initiated only upon issuance of a proper notice-Whereafter an order C of confiscation could be passed in accordance with law. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2004 INSC 45 |
Petitioner | State Of West Bengal And Ors. |
Respondent | Sujit Kumar Rana |
SCR | [2004] 1 S.C.R. 870 |
Judgement Date | 2004-01-20 |
Case Number | 453 |
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