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Abhishek Agarwal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. These two petitions Under Article 227 of the Constitution of India are being heard together and are disposed of by a common order.
2. Heard Sri Swetashwa Agarwal, learned counsel for the petitioners, Ms. Sushma Soni, learned A.G.A. for the State and perused the record
3. These petitions Under Article 227 of the Constitution of India have been filed with the following prayers :
(ii) Issue an appropriate order or direction to the court below/C.J.M. Bulandshahar to release the molasses in question weighing 9492 quintal, seized by the O.P. No. 2 from the petitioner's firm-Khiansh Enterprises in connection with Case Crime No. 271 of 2021, under section 420 IPC and Section 11/12 UP. Sheera Niyantran A
Point of Law : It is a general rule that case property should be released. It should not to be retained in custody of the court or the police for any time longer than what is absolutely necessary and....
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....
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 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.
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....
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