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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sarfraj Ali @ Sarfaraj Ali, s/o. Late Babu Khan – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner seeks release of confiscated vehicle. (Para 2 , 3) |
| 2. petitioner cites previous judgments to support claims. (Para 4 , 6) |
| 3. state argues against the petitioner's request. (Para 7) |
| 4. section 52-c bars court jurisdiction during confiscation. (Para 8 , 9) |
| 5. court confirms no illegality in the order rejecting petition. (Para 10) |
| 6. criminal miscellaneous petition dismissed. (Para 11) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 with a prayer to quash the order dated 24.05.2024 passed by the learned S.D.J.M., Giridih in connection with Complaint Case No.3226 of 2023.
3. The brief facts of the case is that the petitioner filed a petition in the said Complaint Case instituted by the concerned officer of the Forest Department for release of his truck bearing registration No. UP 21CN 9746. When the matter was taken up on 24.05.2024, it was intimated to the learned S.D.J.M, Giridih that Confiscation Case No.06 of 2024 has been initiated in respect of the said truck as well as the goods loaded thereon. Consideri
Confiscation proceedings under the Indian Forest Act bar any court from intervening in property release prior to completion of proceedings, affirming jurisdiction is constrained under specific statut....
Once confiscation proceedings are initiated under the Indian Forest Act, no court has jurisdiction to intervene in matters of possession or disposal of the seized property.
Point of Law : Section 15 gives independent power to the authority concerned, but confiscation of the article as mentioned there under, even before the guilt is completely established.
Once confiscation proceeding has started, the criminal courts have no jurisdiction to release the seized vehicle.
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