Showing : 11-20 of 36 Results

RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 451, 457-- Release of seized vehicle - Vehicle engaged in illegal mining, as petitioner had no valid license to undertake mining operations in concerned area - Vehicle not only liable to be seized but also be confiscated, as confiscation proceedings are separate and independent proceedings which can be..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 60, 63, Criminal Procedure Code, 1973, Section 451, 457-- Vehicle seized in an offence u/s 21(c) NDPS Act - Release of - In the absence of any specific bar under NDPS Act, interim custody of seized vehicle can be given to registered owner of vehicle by invoking the general provisions of Ss.451, 457 Cr.P.C...........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 60, 63, Criminal Procedure Code, 1973, Section 451, 457-- Vehicle seized in offence under NDPS Act - Release of - Seized vehicle can be returned to registered owner on furnishing bank guarantee and on conditions that registered owner would produce the said vehicle before trial Court as and when called for and owner would not change the nature and..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 451, 457, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20-- Recovery of charas from vehicle - Release of seized vehicle - At the time of recovery vehicle was driven by driver - Complicity of owner of vehicle not alleged and that is why he has not been made co-accused - It is of no use to keep seized vehicle at the police station for a long period - Seized..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 451, 457-- Release of vehicle - Two trucks belonging to petitioner bearing same registration number - One of his truck seized - If it is proved that petitioner was plying both his trucks with the same registration number, he will face the consequences - If police admits ownership of petitioner of both the..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 457, 451, 452-- Release of seized vehicle - Applicant is not an accused and he was not arrested at spot - Narcotics were being carried in truck by applicant's brother and other co-accused - No evidence that it was in knowledge of applicant - Dismissal of application to release vehicle, incorrect, illegal and..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Essential Commodities Act, 1955, Section 6A, 6C, Criminal Procedure Code, 1973, Section 451, 457, 482-- Release of vehicle - Alternative remedy - Exercise of inherent powers - Rejection of application for release of seized vehicle used for the purpose of transportation and selling of wheat belonging to Public Distribution System in open market - On revision order rejecting said application affirmed..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Forest Act, 1927, Section 52(4), 52C, Criminal Procedure Code, 1973, Section 451, 457-- Forest offence - Release of vehicle - Jurisdiction of Magistrate - Held, in view of bar created in S.52-C of the 1927 Act, vehicle cannot be released by Magistrate after getting intimation of seizure u/s 52 of the 1927 Act - It is authorized officer who is vested with power to pass order of..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35, Criminal Procedure Code, 1973, Section 457, 451-- Cognizance by special court - Presumption u/s 35 against accused - Held, S.35 of the Act reveals that it creates a rebuttable presumption against accused - Said presumption cannot be drawn at initial stage of taking cognizance - It can be invoked only during trial - But before this presumption..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 451, 457, Motor Vehicles Act, 1988, Section 158(6)-- Seized vehicles - Release - In addition to the directions issued by Supreme Court in Sunderbhai Ambalal Desai case further directions issued viz : (A) Insurer may be permitted to move a separate application for release of the recovered vehicle as soon as it is informed of such recovery before the..........

Showing : 11-20 of 36 Results