NDLI: Khengarbhai Lakhabhai Dambhala Vs. The State of Gujarat

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Articles 226/227 of Constitution of India
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Constitution of India, Code of Criminal Procedure, 1973 (2 of 1974) Gujarat Prohibition Act, 1949 (25 of 1949)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Directly invoking writ jurisdiction of High Court for release of seized property – Propriety of: Held: The criminal court, before whom the property in question is sought to be produced, would have the jurisdiction and the power to pass appropriate orders for the proper custody of such property or for selling or disposing of such property, having regard to the nature of the property in question, after recording the evidence in that regard – In the instant case, the appellant without approaching the concerned court under Section 451, Cr.P.C, directly approached the High Court by filing Special Criminal Application under Article 226/227 of the Constitution of India, which could not be said to be the proper course of action for getting the custody of the property – When there is a specific statutory provision contained in the Cr.P.C. empowering the criminal court to pass appropriate order for the proper custody and disposal of the property pending the inquiry or trial, the appellant could not have invoked the extraordinary jurisdiction of the High Court under Article 226 of the Constitution of India seeking release of his vehicle – There is nothing on record to suggest as to whether the said vehicle was sought to be produced before the concerned court so as to invoke Section 451 of Cr.P.C or whether such vehicle was forwarded by the police officer to the concerned Magistrate as contemplated in Clause (a) of Section 132 of the said Act – In absence of any such factual material placed on record, it is difficult to release the vehicle in question in favour of the appellant. [Paras 5,6,15 and 16] Use of conjunction “but” in a provision – Implication of:Held: When the conjunction “but” is used in a provision, after the punctuation mark “comma”, it is deemed that such conjunction is used to carve out an exception or proviso to the main provision – Meaning thereby, when the entire provision is divided into two parts by using the punctuation mark “comma” followed by the conjunctive word “but”, the second part is required to be construed as an exception or proviso to the first part. [Para 9] “Confiscation” and “seizure” – Meaning of:Held: As per the Black’s Law Dictionary in the 11th Edition, the word “confiscation” means seizure of property for the public treasury or seizure of property by actual or supposed authority, and the word “seizure” means an act or an instance of taking possession of a person or property by legal right or process – Having regard to the said meanings, it is clear that “seizure” would be a preliminary step that would lead to confiscation of an article seized – The power to seize an article may be exercised by the statutory authorities like police personnel, prohibition officers, revenue authorities etc. in accordance with the concerned Statutes, whereas the power of confiscation is normally exercised by the jurisdictional Courts in accordance with the provisions of the concerned Statutes. [Para 10] Sections 98 and 132 of the Gujarat Prohibition Act, 1949 and Section 451 of CrPC operate in different fields:Held: On the conjoint reading of the provisions contained in Section 98 and 132 of the Gujarat Prohibition Act, 1949 and of Section 451 Cr.PC, it is discernible that all these provisions operate in different fields – Section 98 deals with the Confiscation of the Articles whenever any offence punishable under the Act has been committed – The second part of sub-section (2) thereof would come into play when the Prohibition Officer or Police Officer sends the seized article liable to be confiscated but not required as an evidence, to the Collector as per Clause (b) of Section 132 – However, Section 451 of the Cr.P.C. would come into play when the article property seized during the course of inquiry or investigation is produced before the jurisdictional Court as per Clause (a) of Section 132 and the Court is called upon to pass appropriate orders for the proper custody of such article/property pending the conclusion of the inquiry or the trial. [Paras 9 and 14]
Judge	Hon'ble Ms. Justice Bela M. Trivedi
Neutral Citation	2024 INSC 285
Petitioner	Khengarbhai Lakhabhai Dambhala
Respondent	The State Of Gujarat
SCR	[2024] 4 S.C.R. 606
Judgement Date	2024-04-08
Case Number	1547

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Khengarbhai Lakhabhai Dambhala Vs. The State of Gujarat

Please Log-in to view this content

Ganpat Ladha Vs. Sashikant Vishnu Shinde

Sanjay Dubey Vs. The State of Madhya Pradesh and Another

Radhey Shyam & Anr. Vs. Chhabi Nath & Ors.

Shalini Shyam Shetty and Another Vs. Rajendra Shankar Patil

M. P. Mittal Vs. State of Haryana and Ors.

Sant Lal Bharti Vs. State of Punjab

Union of India and Others Vs. Ic-14827 Major A. Hussain

M/s. M.m.t.c. Limited Vs. Commissioner of Commercial Tax & Ors.

Manubhai Ratilal Patel Tr. Ushaben Vs. State of Gujarat & Ors.

Khengarbhai Lakhabhai Dambhala Vs. The State of Gujarat

Khengarbhai Lakhabhai Dambhala Vs. The State of Gujarat

Please Log-in to view this content

Similar Documents

Ganpat Ladha Vs. Sashikant Vishnu Shinde

Sanjay Dubey Vs. The State of Madhya Pradesh and Another

Radhey Shyam & Anr. Vs. Chhabi Nath & Ors.

Shalini Shyam Shetty and Another Vs. Rajendra Shankar Patil

M. P. Mittal Vs. State of Haryana and Ors.

Sant Lal Bharti Vs. State of Punjab

Union of India and Others Vs. Ic-14827 Major A. Hussain

M/s. M.m.t.c. Limited Vs. Commissioner of Commercial Tax & Ors.

Manubhai Ratilal Patel Tr. Ushaben Vs. State of Gujarat & Ors.

Khengarbhai Lakhabhai Dambhala Vs. The State of Gujarat