Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973/Constitution of India, 1950-Sections 482 and 401/Article 227-Exercise of powers under Section 482 and Article 227-Scope of-Order of confiscation of vehicle-Appeal under Section 59(2)-Disposed of holding that Authorised Officer has no jurisdiction to pass order since it was not claimed that property belongs to State-Revision-High Court holding that as finality attached to the order passed in appeal, revision not maintainable and also as order of trial court not wrong there was no scope to exercise powers under Section 482 Cr.P.C. and Article 227-On appeal, held: As finality attached to the order passed in appeal, Section 482 cannot be invoked but it is not an impediment to deal with revision under Article 227 and cannot take away the constitutional right-Furthermore, High Court should examine question of presumption regarding ownership of property by State, available under Section 69-Hence, order of High Court with regard to non-exercise of powers under Article 227 set aside-Forest Act, 1927 (as amended by Himachal Pradesh Second Amendment)-Sections 59(2) and 69. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 104 |
Petitioner | State Of Himachal Pradesh |
Respondent | Dhanwant Singh |
SCR | [2004] 2 S.C.R. 297 |
Judgement Date | 2004-02-12 |
Case Number | 1228 |
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