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SANDEEP N. BHATT
Arun Sagarmal Jain Proprietor New National jewelers – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The present petition is filed by the petitioner seeking for the following reliefs:
B) During the pendency and final disposal of the present petition YOUR LORDSHIPS may be pleased to stay the operation, implementation and execution of the order dated 10.08.2021 passed by the learned 3rd Additional Sessions Judge, Valsad at Vapi, in Criminal Appeal No.06 of 2021 (At ANNEXURE-A hereto) as well as the order dated 12.02.2020 passed by the learned Judicial Magistrate, First Class, Umbergaon, in Muddamal Application No.241 of 2019 in Criminal Case No.92 of 2017. (Anne
The court upheld that the petitioner failed to substantiate ownership of confiscated goods, emphasizing the necessity for adequate inquiry under applicable provisions of the Code of Criminal Procedur....
Sections 451 and 452 of CrPC serve distinct purposes; ownership claims in recovered property must be substantiated by evidence, regardless of acquittal of accused.
The court upheld that seizure actions by police must comply with Articles 14 and 19, reaffirming the necessity for following established legal guidelines when handling seized property.
provision of Section 452 of the Code and Para-227 of the Criminal Manual even when require the continuity of the muddamal articles which is not perishable.
Provision of Section 452 of the Code and Para-227 of the Criminal Manual even when require the continuity of the muddamal articles which is not perishable, the ratio laid down in case of Sundarbhai A....
Quasi-judicial proceedings require strict adherence to principles of natural justice, including the right to cross-examine witnesses, which was violated in this case, rendering the confiscation order....
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