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 – ss.451 and 457 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Karnataka Forest Act, 1963 (5 of 1964) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – ss. 451 and 457 – Disposal of seized property pending trial – Seizure of illegally stocked iron ore – State filed application u/ss. 451/457 CrPC seeking permission to dispose off the seized iron ore by e-tender – Special CBI Judge allowed the application vide order dated 08.05.2015 – Against the order, writ petitions filed by respondents – High Court allowed the writ petitions and directed release of the iron ore in favour of the respondents – Propriety – Held: High Court while allowing the writ petition had only relied on acceptance of the final report by CBI Judge dated 15.12.2015 which was not relevant with regard to order dated 08.05.2015 – Seizure of the iron ore was not in case Crime No. 2/2014 in which final report has been accepted by CBI Judge on 15.12.2015, rather seizure of the iron ore was in a different proceeding in which Order dated 08.05.2015 was passed – When release of iron ore on an application filed by the State under ss. 451/457 CrPC was in a different proceeding, there was no effect or consequence of acceptance of the final report vide Order dated 15.12.2015 in case Crime No. 2/2014 – High Court erred in allowing the Writ Petition on the strength of the final report accepted on 15.12.2015 – However, it shall be open for the respondent to file appropriate application before the Special CBI Judge for release of seized iron ore – Karnataka Forest Act, 1963 – ss. 2(7)(b)(iv), 24(e), 62, 80 – Karnataka Forests Rules, 1969 – rr. 143, 162. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 215 |
Petitioner | The State Of Karnataka & Ors. |
Respondent | M/s. Vedanta Limited (formerly Known As Sesa Sterlite Limited) & Ors. |
SCR | [2018] 3 S.C.R. 1 |
Judgement Date | 2018-03-06 |
Case Number | 348 |
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