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DIPANKAR DATTA, SATISH CHANDRA SHARMA
Pharuk – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. procedural context for seizure and conviction. (Para 1 , 2 , 3 , 4 , 5) |
| 2. establishment of ownership for criminal conviction. (Para 6 , 7 , 8 , 9) |
| 3. authority to direct release of seized property. (Para 10 , 11 , 12) |
ORDER
DIPANKAR DATTA, J.
1. Leave granted.
2. Order dated 7th January, 2025 passed by the High Court of Judicature at Allahabad [High Court] is assailed before us, whereby a petition of the appellant under Article 227 of the Constitution of India was dismissed. The petition sought setting aside of an order [dated 4th September, 2024] passed by the Additional Sessions Judge, Jhansi in its criminal revisional jurisdiction [Criminal Revision No. 168 of 2023]. In the revision, an order [dated 28th June, 2023] of the District Magistrate, Jhansi, under sub-section 7 of section 5A of the U. P. Prevention of Cow Slaughter Act, 1955 [the 1955 Act] was challenged, whereby the appellant’s application for release of his vehicle stood dismissed.
3. The brief facts leading to the petition are these: A ten-wheeler container truck/vehicle bearing registration no. MP 06 HC 1353 [offending vehicle] was found stranded on the side of Bundeli Dhaba Kanpur Highway, on 4T July,
When a vehicle is seized in connection with a criminal case, the court must direct its release to the rightful owner if ownership is proven, as established during the trial, provided the trial court ....
The court emphasized the applicability of the specific provisions of the Acts in justifying the confiscation of the vehicle and highlighted the limited scope of revisional jurisdiction in challenging....
The impracticality of keeping a seized vehicle idle and the right of the registered owner to release the vehicle on sapurdari were the central legal principles established in the judgment.
The introduction of Section 5B of the U.P. Prevention of Cow Slaughter Act, 1955, and its implications on the legality of proceedings initiated against the owner of a vehicle used for the transportat....
Sections 451 and 457 of Cr.P.C. which is quoted as Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquir....
Point of Law : In term of mandate of Article 300-A of the Constitution of India any person can be deprived of his property only by and under the procedure established by law.
The U.P. Prevention of Cow Slaughter Act does not provide an appeal mechanism for confiscation orders, directing that recourse must be sought through the Divisional Commissioner per the notification ....
Confiscation of property under the Cow Slaughter Act can only be done in violation of the Act and relevant rules. The absence of prohibition or regulation on the transport of beef within the state re....
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