Back
DIVYESH A. JOSHI
State Of Gujarat – Appellant
Versus
Jivansinh Mohansinh Ravat – Respondent
JUDGMENT :
1. Rule returnable forthwith. Learned advocate Mr. Jeet Y. Rajyaguru waives service of notice of rule for and on behalf of the respondent.
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 19.09.2017 passed by learned 7th Additional Sessions Judge, Banaskantha at Palanpur below Exh.6 in Criminal Revision Application No.44 of 2017 and to confirm the order dated 11.08.2017 passed below Exh.1 in Muddamal Application No.65 of 2017 by the learned Judicial Magistrate, First Class, Amirgadh.
3. The facts giving rise to the present application may be summarized as under;
The main legal point established in the judgment is that trial courts have no jurisdiction to order interim release of seized vehicles if the quantity of the liquor recovered exceeds ten liters, as p....
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....
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.
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
