Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The law also clarifies that repeals or amendments to excise laws do not automatically affect ongoing proceedings unless explicitly stated, and procedural remedies like Section 482 are available for challenging such orders ["In Re: XXX VS State Of Arunachal Pradesh - Gauhati"], ["Sajjan Singh vs The State Of Madhya Pradesh - Madhya Pradesh"].
Analysis and Conclusion:
References:- ["THOMAS MATHEW @ ROY vs STATE OF KERALA - Kerala"]- ["NAVAS vs STATE OF KERALA - Kerala"]- ["SAJEEVAN vs STATE OF KERALA - Kerala"]- ["SRI S RAMAIAH vs MUNIYAPPA @ THIMMAIAH - 2024 Supreme(Online)(Kar) 43828"]- ["SHRI N NAGESH KUMAR S/O LATE H NAGARAJAIAH vs THE STATE OF KARNATAKA - Karnataka"]- ["SRI.N.D.JAYADEVAPPA vs STATE OF KARNATAKA - Karnataka"]- ["KRISHAN LAL VS STATE OF RAJASTHAN - Rajasthan"]- ["Laxman Lal Yadav VS State of Rajasthan - Rajasthan"]- ["In Re: XXX VS State Of Arunachal Pradesh - Gauhati"]- ["Sajjan Singh vs The State Of Madhya Pradesh - Madhya Pradesh"]
In the evolving landscape of Indian criminal law, the transition from the Code of Criminal Procedure (CrPC), 1973, to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has raised numerous questions about procedural continuity. One pressing query for legal practitioners and accused persons alike is: Is Section 482 BNSS applicable in Excise Act 1950 or not? This post delves into the applicability of Section 482 BNSS—corresponding to the erstwhile Section 482 CrPC—which empowers High Courts with inherent powers to quash proceedings and prevent abuse of the court process.
With the enforcement of BNSS, courts have clarified that applications challenging criminal proceedings must now be filed under Section 528 BNSS, the direct equivalent of Section 482 CrPC. Understanding this in the context of special statutes like the Indian Excise Act, 1950, is crucial for those facing excise-related charges. Let's break it down step by step.
Section 482 of the CrPC (now Section 528 BNSS) grants High Courts sweeping inherent powers to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. This provision is not a routine remedy but an extraordinary tool invoked sparingly to curb frivolous litigation or harassment. Naseem Ahmad vs State of U.P. - 2025 Supreme(All) 40
Post-BNSS enforcement, courts have been firm: Post-enforcement of BNSS, applications challenging criminal proceedings must be filed under Section 528 of BNSS, not Section 482 Cr.P.C. Naseem Ahmad vs State of U.P. - 2025 Supreme(All) 40 This shift ensures procedural uniformity, yet the substantive principles remain intact.
Proceedings under the Indian Excise Act, 1950, are inherently criminal, dealing with offenses like illicit liquor possession or manufacturing. The key finding is that Section 482 CrPC (now BNSS equivalent) is applicable to such proceedings, particularly to quash or stay cases where there's abuse of process. Courts have consistently held that general procedural laws like CrPC/BNSS apply to special statutes unless explicitly barred.
For instance, in excise-related quashing petitions, courts emphasize preventing harassment, aligning with Section 482's ethos. SHIVASHARANAPPA DANDAPPAGOAL v/s THE STATE OF KARNATAKA AND ANR - 2025 Supreme(Online)(KAR) 5159 Here, a petition under Section 528 BNSS sought to quash an FIR under Sections 32 and 34 of the Karnataka Excise Act, 1961, highlighting valid licenses as a defense—mirroring national Excise Act dynamics.
While direct precedents on the 1950 Act are nuanced, analogous cases under similar statutes bolster the position:
Recent BNSS-era judgments confirm continuity. Kailash vs District Magistrate - 2025 Supreme(Online)(MP) 3440 states: benefit of this order will apply while making challenge before the High Court in Writ petition/Section 482 CrPC or Sec. 528 BNSS... Excise Act, 1915. This explicitly links BNSS provisions to excise challenges.
In Gold Control Act cases (analogous to excise), petitions under Section 482 CrPC were entertained despite administrative reversals, refusing estoppel against prosecution. Om Parkash Dhir VS Assistant Collector Central Excise - 1984 Supreme(P&H) 524 The court held: An order of a Collector of Customs vacating an order of confiscation does not operate as an estoppel against a criminal prosecution for the same offense.
Applicability isn't absolute:
Excise Act cases often involve recovery from public places, attracting procedural safeguards like those under NDPS Section 43 (public searches), not stricter enclosed-place rules. Jaswant Singh VS State - 2011 Supreme(Raj) 359 This reinforces general CrPC/BNSS applicability.
If facing Excise Act charges:1. Assess Abuse of Process: Document lack of evidence or malice early.2. File Under Correct Provision: Use Section 528 BNSS for quashing petitions post-July 1, 2024.3. Leverage Precedents: Cite cases like SHIVASHARANAPPA DANDAPPAGOAL v/s THE STATE OF KARNATAKA AND ANR - 2025 Supreme(Online)(KAR) 5159 for license defenses or Kailash vs District Magistrate - 2025 Supreme(Online)(MP) 3440 for transitional benefits.4. Seek Cautionary Relief: Courts urge restraint against misuse in excise matters. Mushtaque Son of Shri Shahabuddin Teli VS State of Rajasthan Through Secretary to Government, Home Department, Rajasthan, Government Secretariat, Jaipur - 2018 Supreme(Raj) 188
Legal practitioners should plead inherent jurisdiction robustly, emphasizing ends of justice.
In summary, Section 482 BNSS (via Section 528) generally applies to Indian Excise Act, 1950, proceedings to prevent abuse or secure justice, supported by precedents and statutory harmony. However, its use is exceptional, demanding strong grounds.
Key Takeaways:- Transition to BNSS mandates Section 528 filings.- Excise cases are criminal, amenable to inherent powers. Lalruatpuii Bawitlung VS Union of India - 2017 0 Supreme(Gau) 1421- Exercise caution; not for routine challenges.
This post provides general insights based on judicial trends and is not legal advice. Consult a qualified lawyer for case-specific guidance. Always verify latest developments, as laws evolve.
References:- K. S. Subba Rao, S/o. Late Ramachandra Rao VS State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad - 2022 0 Supreme(Telangana) 109, Nisar Ahmad VS Narcotic Control Bureau, Jodhpur - 2007 0 Supreme(Raj) 311, Lalruatpuii Bawitlung VS Union of India - 2017 0 Supreme(Gau) 1421, Kailash vs District Magistrate - 2025 Supreme(Online)(MP) 3440, SHIVASHARANAPPA DANDAPPAGOAL v/s THE STATE OF KARNATAKA AND ANR - 2025 Supreme(Online)(KAR) 5159, Om Parkash Dhir VS Assistant Collector Central Excise - 1984 Supreme(P&H) 524, Naseem Ahmad vs State of U.P. - 2025 Supreme(All) 40
#BNSSSection482, #ExciseAct1950, #LegalQuashing
Considering the gravity of the offence and stage of the investigation, I am of the view that this is not a fit case where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked. ... The power under Section 482 of BNSS could be exercised only when a special case is made out, that too, recording reasons thereof. ... Perusal of the case diary reveals that the accusation made against the applicants is very serious in nature, and it prima facie shows a premeditated....
Considering the gravity of the offence and stage of the investigation, I am of the view that this is not a fit case where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked. ... Thus, accused No.1 was arrested on the spot but, the applicant could not be arrested on the spot as he escaped. Hence, the applicant is alleged to have committed an offence punishable u/s.55(i) of Kerala Abkari Act . ... The power under Section 482 of #HL_STA....
has been passed less than three months prior to date of this order, then also, benefit of this order will apply while making challenge before the High Court in Writ petition/Section 482 CrPC or Sec. 528 BNSS. ... Excise Act, 1915 and Cow Progeny Act are answered in the following manner : A. Section 47-A of M.P. ... Excise Act to be ultra-vires of Constitution of India, and a Signature Not Verified number of cases must have been deci....
Section 37 of the NDPS Act. Bail can be granted in a case where there are reasonable grounds for believing that the accused is not guilty of such an offence and that he is not likely to commit any offence while on bail. ... The prosecution case, in short, is that on Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, the NDPS Act) 3.
Considering the gravity of the offence and stage of the investigation, I am of the view that this is not a fit case where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked. ... The power under Section 482 of BNSS could be exercised only when a special case is made out, that too, recording reasons thereof. ... The applicant is the accused in Crime No.114/2025 of Mananthavady Excise Range Office, Wayanad District. The offences alleged ar....
has been passed less than three months prior to date of this order, then also, benefit of this order will apply while making challenge before the High Court in Writ petition/Section 482 CrPC or Sec. 528 BNSS. d. where the confiscation order has already been passed and it has not been challenged, or ... Excise Act, 1915 and Cow Progeny Act are answered in the following manner : A. Section 47-A of M.P. ... Excise Act to be ultra-vires....
(OLD) U/SEC 528 OF BNSS, PRAYING TO, A) QUASH THE COMPLIANT AND FIR IN CRIME NO. 220/2023 DATED 31.08.2023 REGISTERED BY THE 1ST RESPONDENT POLICE STATION AGAINST THE PETITIONER HEREIN FOR OFFENCES PUNISHABLE U/SEC 32 AND 34 OF KARNATAKA EXCISE ACT 1961 AND ALSO ... 20.02.2024 i.e., TAKING COGNIZANCE FOR THE OFFENCE U/SEC 32 AND 34 OF KARNATAKA EXCISE ACT 1961, WHICH IS PENDING ON THE FILE OF III ADDL. ... Undisputedly, the petitioner holds a valid C....
not be affected and same will continue as if the repealing Act did not come into force; (iii) procedure of investigation, trial, revision and appeal as well as a forum of remedy is part of procedural law, and the same will be applicable retrospectively unless otherwise provided ... when the BNSS, 2023 came into force, should be filed under the provisions of Section 482 and 528 of the BNSS, 2023. ... -Where this Act, or any Central Act#HL_EN....
Act of 1950'). ... provided for in Sec. 54 willfully, contravenes any rule made under Sec.41 or Sec.42; or reads as under :- 2 p style
Since the petitioners contravened the provisions of the Gold (Control) Act, 1968 , punishable under Sec.85 of the aforesaid Act the complaint in question was filed by the Assistant Collector, Central Excise Division, Ludhiana, against the petitioners in the Court of the Chief Judicial Magistrate, Ludhiana ... This is a petition under Sec.482 of the Code of Criminal Procedure for quashing the complaint and further proceedings initiated on the basis of the complaint filed by Shri M. S. .....
Post-enforcement of BNSS, applications challenging criminal proceedings must be filed under Section 528 of BNSS, not Section 482 Cr.P.C. 1. Heard Sri Pradeep Kumar, learned counsel for the applicants, Sri Pankaj Saxena, learned A.G.A for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 23.04.2023 as well as cognizance/summoning order dated 23.05.2024 and further proceedings of Case Crime No.40 of 2023, under Section 498-A IPC and Section 3/4 D.P. Act, P.S.- Kishanpur, District-Fatehpur.
“Section 482. Direction for grant of bail to person apprehending arrest. (1) xxx (2) xxx (3) xxx (4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under Section 65 and sub-section (2) of Section 70 of the Bharatiya Nyaya Sanhita, 2023.” 9. This Court considered the contention of the petitioner and the Public Prosecutor. This Court also perused the report submitted by the Project Coordinator, VRC, KeLSA and also the counselling report submitted by Smt. Norhas Antony, Psychologist. 10. A prelimina....
(ii) has been convicted under Suppression of a Immoral Traffic in Women and Girls Act, 1956 (Act No. 104 of 1956); or (iii) has been convicted not less than twice under the Rajasthan Excise Act, 1950 (Rajasthan Act No. 11 of 1950); or (iv) has been convicted not Less than twice under the Opium Act, 1878 (Central Act No. 1 of 1878); or (v) has been convicted not less than twice under Rajasthan Public Gambling Ordinance, 1949 (Rajasthan Ordinance No.48 of 1949);
Sec#31;tion 2 of the Army Act, 1950 enumerates the persons subject to the Army Act, 1950 or to whom the Act is applicable. The controversy involved, makes it necessary to notice relevant provisions of the Army Act, 1950, Code of Criminal Procedure and Jammu and Kashmir Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules, 1983. Chapter VI of the Act deals with offences against and punishable under the Act. The offences defined as regards the forum of trial may be classified into three categories.
However the question is whether Sec. 42 of the Act was applicable or not in the facts of the case. State of Gujarat (2000 Cr.L.R. (SC) 373 = RLW 2000(2) SC 264).
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