AI Overview...
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Seizure of Stock is Illegal - Multiple sources emphasize that confiscation of stock without proper legal procedures is unlawful. Orders for confiscation are often set aside when found to be arbitrary, excessive, or lacking proper authority. For instance, the order of confiscation for alleged contraventions was declared illegal and set aside, and similarly, confiscation orders based on improper procedures were invalid A. Seshagiri Rao, Branch Secretary APSRTC, National Mazdoor Union, Gnntur Branch, Guntur VS Commissioner of Civil Supplies (Appeals) and Ex-Officio Secretary to Government, Food and Civil Supplies Department, Hyderabad - Andhra Pradesh.
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Legal Proceedings and Authority - Courts have consistently held that authorities must follow due process, including proper notices and evidence, before confiscating stock. Seizures made without a First Information Report (FIR), notice, or proper procedure are deemed illegal. The courts have directed the release of seized stock pending completion of lawful confiscation proceedings, emphasizing the importance of procedural compliance Sri Om Shakthi Traders vs The State of Telangana - Telangana, Immidisetty Venkata Srinivasa Rao vs The State of Andhra Pradesh - Andhra Pradesh.
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Interim Relief and Release of Seized Stock - Courts often grant interim relief, such as releasing seized stock or vehicles, pending the conclusion of confiscation proceedings, especially when the seizure is found to be illegal or disproportionate. The discretionary power to release property is recognized, provided the authorities do not violate legal norms Rishikesh R. Shahi VS State of Gujarat Thro. Secretary - Gujarat, RISHIKESH R. SHAHI VS STATE OF GUJARAT THRO SECRETARY - Gujarat.
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Proportionality and Excessiveness - Confiscation orders that are excessive or disproportionate to the charges are invalid. For example, a 100% confiscation order was set aside as excessive, and only actual variations in stock could be confiscated. The courts stress that confiscation must be proportional to the violation T ANGUDU SRINIVASA RAO vs T HE STATE OF A.P. - Andhra Pradesh.
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Storage and Transportation Regulations - Rules governing storage and transportation aim to prevent illegal mining and trading. Authorities must follow proper procedures, including holding necessary licenses and forms, before seizing or confiscating minerals or related stock. Unauthorized storage or transportation without compliance leads to illegality of seizure RAJENDRA SINGH VS STATE OF U. P. - Allahabad.
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Legal Framework and Due Process - Under laws such as the Gujarat Mineral (Prevention of Illegal Mining, Transportation, and Storage) Rules, authorities require proper investigation, complaint, and adherence to procedural norms before confiscating property. Seizures without proper legal backing or complaint are deemed invalid, and property must be released if procedural requirements are unmet Hirenkumar Bharatbhai Oad VS State of Gujarat - Gujarat.
Analysis and Conclusion:
The consistent legal stance across these cases underscores that confiscation of stock without proper legal procedures is illegal. Authorities must follow due process, including issuing notices, obtaining proper evidence, and ensuring proportionality. Seized stock should generally be released if confiscation orders are found to be arbitrary, excessive, or procedurally flawed. Courts have actively set aside illegal confiscation orders and emphasized the importance of protecting property rights, making it clear that confiscation without sending or proper legal process is unlawful.
Search Results for "Without Sending Seized Stock Confisication is Illegal"
2003 0 Supreme(AP) 534 • India - Andhra Pradesh
V.ESWARAIAH
seizure of the stock is illegal, they cannot be confiscated - Impugned order of confiscation for alleged contraventions ... of Control Orders illegal and arbitrary- Confication orders, set aside - Writ petitions allowed. ... stocks from rice mills for alleged alteration of release certificates - Joint Collector passing order confiscating entire seized ... is illegal and hence the illegally seized stock cannot be confiscated under ....
1996 0 Supreme(Pat) 238 • India - Patna
N.K.SINHA
petitioner as also the confiscation proceedings in respect of the articles seized, are not in accordance with law and are abuse ... petitioner as also the confiscation proceedings in respect of the articles seized, are not in accordance with law and are abuse ... Whether the Block Supply Officer had the authority to raid and seize the bags of pulses? ... Learned counsel appearing in support of both the writ petitions argued that the criminal prosecution of the petitioner and the confiscation#H....
2025 Supreme(Online)(Tel) 12252 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. MADHAVI DEVI, J
The petitioner filed a Writ Petition under Article 226, challenging the seizure of stock under FIR.No.143/2025 without notice. ... The court directed release of stock subject to a security condition. The Writ Petition is disposed of without costs. ... The court found that the rice was misidentified as PDS rice, allowing interim custody pending completion of confiscation proceedings ... of 520 Rice bags, totaling 260 Quintals by registering the FIR.No.143/2025 dated 19.06.2025 before 5t....
2012 0 Supreme(Guj) 490 • India - Gujarat
BHASKAR BHATTACHARYA, J.B.PARDIWALA
Head Note : ... Gujarat Mineral (Prevention of Illegal Mining Transportation ... 71 of the Rules, 2010 would be no bar in releasing the vehicle, pending the confiscation proceedings. ... and the main object is to project or presence the property pending confiscation proceedings — The provision of release is discrenary ... pending the confiscation proceedings. ... is habitually indulging in such activity of illegal transportation of sand. ... Power to....
2012 0 Supreme(Guj) 487 • India - Gujarat
BHASKAR BHATTACHARYA, J.B.PARDIWALA
the nature of the dispute and the relief prayed for by the petitioner, interim relief as prayed for the release of the vehicle seized ... Constitution of India – Article 226 – Gujarat Mineral (Prevention of Illegal Mining, Transportation and ... by the authorities under the provisions of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, ... pending the confiscation proceedings. ... is habitually indulging in such activity of illegal transportation of....
2013 0 Supreme(All) 2456 • India - Allahabad
ASHOK BHUSHAN, VIPIN SINHA
Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2002—Licence—Storage of minerals—Grant of—No objection ... to stop operation of stone crusher and minor minerals directed to be taken into possession—The plant and machinery had not been seized ... notice issued with regard to seven issues as mentioned in the notice—At the time of inspection 120 cubic meter minerals found stored without ... Regulating the storage of minerals is with the object of preventing illegal mining. Permitting storage of mi....
2022 0 Supreme(Guj) 281 • India - Gujarat
VAIBHAVI D.NANAVATI
Constitution of India, 1950 - Article-226 - Gujarat Mineral (Prevention of Illegal Mining, Transportation ... , without insisting for bank guarantee - In view of fact that no First Information Report has been registered and principle laid ... it has been held that it would be obligatory for investigator to approach Court of Sessions with a written complaint and produce seized ... Thus, in absence of the complaint, the competent authority will have no option but to release the seized vehicle without insi....
2025 Supreme(Online)(AP) 1502 • India - High Court of Andhra Pradesh
B.S. BHANUMATHI, J
of the 2nd respondent as illegal and to release seized rice stock - The 2nd respondent issued a show cause notice citing illegal ... The stock was seized on 03.10.2023, and the petitioner sought its release. ... Procedure - The court emphasized the need for timely action by authorities on orders issued, noting the delay in auctioning the seized ... However, the 2nd respondent, without considering his request for release of seized #H....
2025 Supreme(Online)(AP) 13286 • India - High Court of Andhra Pradesh
T. MALLIKARJUNA RAO, J
stock - Order of 100% confiscation of seized stock was set aside as it was excessive and not proportional to the charges - Seized ... with discrepancies found during an inspection on 10.10.2000 - The order was invalid as it was made against a deceased licensee without ... ... ... Ratio Decidendi: The court emphasized that only stock demonstrating actual variation could be confiscated, and unlawful confiscation ... The Court noted that the #HL_START....
2017 0 Supreme(AP) 61 • India - Andhra Pradesh
A.V.SESHA SAI
of of the seized stock on the ground that the was stored in huge quantity at National Collateral Management Services Limited by ... unscrupulous traders without holding Form - Court of the Principal District and Sessions Judge in Criminal Appeal and the learned ... On thorough analysis of the entire material the learned Principal Sessions Judge came to a categoric conclusion that without any ... CS6/488/2015 dated 3.9.2015, ordering confiscation of 90% of the seized stock#HL_....
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