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SUDESH BANSAL
Rameshwar, S/o. Balchand – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
| Table of Content |
|---|
| 1. invocation of high court's jurisdiction under section 482 cr.pc. (Para 1 , 2) |
| 2. confiscation provisions under the rba act, 1995. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. jurisdiction of competent authority to issue confiscation orders. (Para 9 , 10 , 11 , 12) |
| 4. importance of providing alternative remedies against confiscation orders. (Para 19 , 20) |
JUDGMENT :
(Sudesh Bansal, J.) :
1. By means of filing these petitions, petitioners have invoked jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure (Cr.PC), in order to challenge four different orders passed by the concerned District Collector in exercise of its power and jurisdiction under Section 6 -A of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 (hereinafter referred to as “the Rajasthan Bovine Animal Act, 1995” Or “the RBA Act, 1995”), in respect of confiscation or release or refuse to release of the means of conveyance (vehicles), which was seized by the Police while registering respective FIRs for commission of an offence punishable under the Rajasthan Bovine Animal Act, 1995, on the ground that the vehicles in question were
Confiscation proceedings under Section 6-A of the Rajasthan Bovine Animal Act, 1995 are quasi-judicial, and jurisdiction of Competent Authority is independent of criminal prosecution. No appeal is cu....
(1) Confiscation of Truck – Vehicle cannot be withheld and then confiscated by State, when original proceedings have culminated into acquittal.(2) Confiscation of appellant’s truck when he is acquitt....
Confiscation orders under the M.P. Excise Act can be issued despite ongoing criminal trials, necessitating a reference to a Larger Bench due to conflicting opinions among Coordinate Benches.
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