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RAM MANOHAR NARAYAN MISHRA
Satyabhan Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner Shri Ashutosh Singh and learned A.G.A. for the State.
2. Instant criminal Misc. petition under Article 227 of the Constitution of India has been filed by the petitioner to set aside the order dated 30.05.2022 passed by learned District Judge, Mathura in Civil Appeal No. 25 of 2020 (Satyabhan Vs. District Magistrate and another) as well as order dated 17.01.2019 passed by Additional District Magistrate (F&R), Mathura in Case No. 01798 of 2018 (Satyabhan Vs. State) under Section 72 U.P. Excise Act, 1910 otherwise petitioner shall suffer irreparable loss. By the impugned order dated 17.01.2019, learned A.D.M (F&R) has passed an order of confiscation of the truck bearing registration No. HR 67 B 1888 seized by police under Sections 60/72 Excise Act under Crime No. 382/2017 under Sections 420, 120B I.P.C.
3. Learned ADM (F&R) has directed auction of said vehicle and sale proceeds be deposited with Government treasury in criminal head, and also given an option to vehicle owner to deposit the current price of vehicle as ascertained by R.T.O.
4. Feeling aggrieved by the said confiscation order passed by learned ADM (F&R), the petitioner/ow
The court held that failure to comply with statutory requirements for notice and opportunity to contest confiscation renders the order invalid, violating principles of natural justice.
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....
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.
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....
Confiscation of a vehicle under the Odisha Excise Act requires evidence of its involvement in an offence, and procedural fairness must be upheld, allowing the petitioner an opportunity to prove lack ....
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.
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