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W. DIENGDOH
Directorate of Revenue Intelligence, Shillong Regional Unit, Shillong – Appellant
Versus
Ajay Babu Manda – Respondent
JUDGMENT
1. Matters taken up via video conferencing.
2. Challenged in these two applications is the common order dated 25.10.2021 passed by the learned Sessions Judge, Shillong in Crl. Revision No. 6 (H) of 2021 and Crl. Revision No. 5 (H) of 2021, whereby the order dated 20.07.2021 passed by the learned Judicial Magistrate, Shillong in Crl. Misc. Applications No 25 of 2021 and Crl. Misc. Application No 26 of 2021 under Section 135(1) (a) and (b) of the Customs Act, 1962 were upheld.
3. Brief facts as enumerated in the petition is that on the basis of specific information, the Officers of the Directorate of Revenue Intelligence, Shillong Regional Unit had intercepted three trucks bearing Registration numbers AP16TH-7137, AP16TH-7277 and AP16TE-5670 on 09.04.2021 near Thangshalai village, NH-6, East Khasi Hills District of Meghalaya between 06.00 hours and 06.15 hours. On being searched, a total number of 1500 bags of foreign origin black pepper weighing about 75,000 kgs. was seized resulting in the arrest of three drivers and two helpers with the said trucks also seized under the relevant provisions of the Customs Act, 1962.
4. The owners of the trucks numbers AP16TH-7137 and AP16TH-72
The Customs Act, 1962 provides specific provisions for release of seized goods, and the jurisdiction of the Magistrate under Section 451/457 Cr.P.C. is not applicable in such cases.
The court emphasized the importance of jurisdiction and the applicability of specific provisions under the Customs Act, particularly Section 110-A, for the release of seized goods, overriding the gen....
The court established that an application for release of a seized vehicle during the pendency of confiscation proceedings under Section 6A of The Essential Commodities Act is not maintainable before ....
An application for release of a seized vehicle under Section 451 Cr.P.C. during pendency of confiscation proceedings under Section 6A of the Essential Commodities Act is not maintainable before the M....
The right to interim custody of a vehicle remains with an innocent owner pending trial under the NDPS Act, as long as it is consistent with the Cr.P.C.
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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