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DIVYESH A. JOSHI
State Of Gujarat – Appellant
Versus
Yogendrasinh Ranjitsinh Rajput – Respondent
JUDGMENT :
1. By way of this application, the applicant-State seeks to invoke the extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India so also inherent powers under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing of the order dated 03.10.2017 passed by learned 2nd Ad-hoc Addl. District & Sessions Judge, Valsad in Criminal Revision Application No.252 of 2017 and to confirm the order dated 10.08.2017 passed in relation to offence registered at Valsad City Police Station, Valsad being III-C.R. No.16 of 2017 by the learned Judicial Magistrate, First Class, Valsad.
2. The facts giving rise to the present application may be summarized as under;
The main legal point established in the judgment is that the lower courts must determine their own jurisdiction under Section 457 Cr.P.C. to release a seized vehicle during pending confiscation proce....
Points of Law : Confiscation of vehicle - Provisions contained under subsection(1) to (4) of Section 72 of the Excise Act would have the effect of denuding the Magistrate of his power to pass any ord....
The Magistrate lacks jurisdiction to release property seized under the Uttar Pradesh Excise Act when confiscation proceedings are pending, as established by Section 72 of the Act.
The provisions contained under sub-sections (1) to (4) of Section 72 of the U.P. Excise Act, 1910, denude the Magistrate of his power to pass any order under Section 457 of the Code of Criminal Proce....
The provisions contained under sub-sections (1) to (4) of Section 72 of the U.P. Excise Act, 1910, clearly denude the Magistrate of his power to pass any order under Section 457 of the Code of Crimin....
Confiscation - Release of vehicle - It is of no use to keep such seized vehicles at police stations for a long period. Magistrate to pass appropriate orders immediately by taking appropriate bond and....
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