Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Madhya Pradesh Excise Act 1915 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Madhya Pradesh Excise Act, 1915 - ss. 46 and 47 - Offence under the Act - Committed by means of a truck - Confiscation of the truck - Courts below finding that owner of truck failed to establish lack of knowledge of the offence - Propriety of confiscation - Held: Burden to establish lack of knowledge of offence being on the owner of the property, owner having/ailed to establish the same, property liable to be confiscated - However, in the facts of case, fine imposed in lieu of confiscation - Code of Criminal Procedure, 1973 - s. 452.Police seized truck of the appellant with the stock of foreign liquor. Trial Court convicted the driver of the truck u/s 34 of the M.P. Excise Act, 1915. Trial court also passed the order of confiscation of the truck u/s 46 of the Act, holding that the offence was within the knowledge of the owner. The first appellate court confirmed the finding of trial court. High Court dismissed the revision petition upholding the findings of the Courts below.In appeal to this Court, appellant contended that factual position had not been considered correctly by the courts below. Alternatively it contended that in lieu of confiscation, fine could be imposed u/s 47. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1208 |
Petitioner | Kailash Chandra |
Respondent | State Of M.p. |
SCR | [2007] 12 S.C.R. 778 |
Judgement Date | 2007-11-30 |
Case Number | 1649 |
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