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DIVYESH A. JOSHI
State Of Gujarat – Appellant
Versus
Hardikbhai Harsukhlal Vadher – Respondent
JUDGMENT :
1. The respondent No.1, although served with the notice rule issued by this Court, yet has chosen not to appear before this Court either in person or through an advocate and oppose the present application.
2. 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 18.11.2017 passed by learned 9th Additional Sessions Judge, Surat below Exh.4 in Criminal Misc. Application No.378 of 2017 and to confirm the order dated 25.09.2017 passed in relation to offence registered at Kamrej Police Station being III-C.R. No.421 of 2017 by the learned Judicial Magistrate, First Class, Kathor.
3. 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....
Judicial orders must reflect application of mind and provide reasons; the Magistrate has jurisdiction to release vehicles not used for transporting illicit goods.
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