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SANJAY KUMAR MEDHI
State Of Assam Rep. By The Public Prosecutor – Appellant
Versus
Nur Uddin Laskar, Son Of Johur Uddin Laskar – Respondent
ORDER :
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
1. This is an application under Section 482 of the Cr.P.C. preferred by the State in which the Judgment and Order dated 07.03.2022 passed by the learned Sessions Judge, Hailakandi in Criminal Revision No. 12/2022 has been put to challenge. The aforesaid order arises out of an order dated 14.01.2022 passed by the learned Judicial Magistrate First Class, Hailakandi in Lala P.S. Case No. 846/2021 under Sections 379/411 of the IPC.
2. For better appreciation of the issue involved, the facts of the case may be stated in brief.
3. On 24.12.2021, a case was registered before the Lala Police Station, being Lala P.S. Case No. 846/2021 regarding storage and transportation of huge quantity of Burmese Betel Nuts which were suspected to be stolen. In the said search conducted, 394 nos. of gunny bags containing 20,020 Kilograms of the Burmese Betel Nuts was seized vide seizure list dated 22.12.2021.
4. The formal F.I.R. was lodged on 24.12.2021. While the investigation was going on, the respondent had filed a zimma petition for the commodities in which the learned Magistrate had called for a report which was accordingly submitted. Thereafter, vide ord
The court established that while Section 451 of the Cr.P.C. cannot be applied during the investigation, the court retains the discretion to invoke other provisions to prevent loss, particularly in ca....
AN ORDER PASSED UNDER SECTION 451 CR.P.C. IS NOT AN INTERLOCUTORY ORDER AND IT DOES NOT ATTRACT THE BAR UNDER SECTION 397(2) CR.P.C. AND REVISION UNDER SECTION 397(1) CR.P.C. IS MAINTAINABLE.
Point of Law : Ownership of betel nuts could not be established by producing the GST Bills by the petitioner and also due to non receipt of report from Agriculture Department.
High Courts can exercise inherent powers under Section 482 of the Cr.P.C. to prevent injustice, even if alternate remedies are available.
The judgment emphasizes the importance of principles of natural justice, the interlocutory nature of orders under Section 451 Cr.P.C., and the inherent power of the Trial Court to modify such orders.
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....
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