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ALLAHABAD HIGH COURT
Sanjay Kumar Singh, J.
Raghuvir Saran Madan Murari (M/s.) (Wholesaler) v. State of Uttar Pradesh and Another
| Table of Content |
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| 1. confiscation proceedings impede release applications under relevant laws. (Para 4 , 5 , 6) |
| 2. special laws take precedence over general criminal procedure. (Para 7 , 8 , 9 , 10) |
| 3. court affirms the inability to interfere during ongoing confiscation. (Para 11 , 12 , 13 , 14 , 15) |
| 4. final decision upholds lower court's order dismissing the release application. (Para 16 , 17 , 18) |
1. Heard learned counsel for the revisionist and learned AGA for the opposite party No. 1 / State of U.P.
2. This criminal revision under S.397/401, Cr.P.C. has been filed by the revisionist with a prayer to set aside the impugned order dated 7.3.2019 passed by learned Additional Chief Judicial Magistrate, Court No. 1, Jhansi, whereby the application of the revisionist for release of seized essential commodity (food grains) in his favour has been rejected.
3. Issue
The issue for consideration before this Court is "whether the application under S.451, Cr.P.C. for release of seized food grains (case property) is maintainable during pendency of confiscation proceedings before the authority concerned under The Essential Commodities Act , 1955"?
4. Basic Facts
Filtering out unnecessary details, the
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