Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Release of seized vehicle - Vehicle involved in NDPS case - Recovery of 700 gms intoxicating powder - Allegation that accused indulged in business of selling intoxicant substances - Recovery effected from personal search of accused - Trial in the case pending -..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Permission to sell - Superdari - Petitioner allowed to sell vehicle in question subject to condition that prospective/intending purchaser shall execute superdari bond to produce the vehicle as and when required - Petitioner is registered owner of vehicle and accused has no objection for sale of..........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Magistrate reviewed his own order and cancelled the order vide which the truck was ordered to be released on Superdari - Held, Magistrate is not competent to review his own order...........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Evasion of tax and cheating Excise and Taxation Department - Truck ordered to be released on Superdari - Magistrate reviewed his order and cancelled the order releasing vehicle on Superdari - Held, Magistrate cannot review its own order - Secondly ETO had no locus standi to file an application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Release of vehicle - Recovery of 53 Kg. of poppy husk from driver of a truck - Truck taken into possession - Truck released to registered owner on Superdari on the condition that it will remain in the same condition during pendency of trial, same will not be disposed of and same will be produced in trial..........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Denied on the ground that vehicle is accidental and by repairing, the condition of the truck would be changed, which is not permissible - The property in dispute would not only lesser in value but no purpose would be served by keeping it in police station - By parking the vehicle idle would also..........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari to petitioner - Criminal trial pending - During trial petitioner failed to produce truck when asked to do so - Penalty of Rs.6, 00, 000/- imposed and truck taken into custody - After conclusion of trial truck sold in public auction for Rs.2, 80, 000/- - Sale proceeds deposited in government..........
Motor Vehicles Act, 1988, Section 166 -- Delay in disposal of claim petition - Magistrate not to release vehicle on superdari till the driver and owner appear before the claim tribunals and produce all the relevant documents - Vehicle if uninsured, owner to furnish sufficient security of the vehicle to be attached before judgment so that recovery of the award is..........
Criminal Procedure Code, 1973, Section 457 -- Rice - Release on superdari - Seizure of 150 bags of rice - Petitioner claiming to be owner of bags - Case of respondent that rice belongs to Antyodya scheme and was meant for public distribution - Held, in these circumstances it is necessary to decide to whom the rice belongs and further whether any confiscation order has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on superdari - Vehicle used in transportation of contraband - Petitioner registered owner of vehicle - Petitioner already released on bail - If vehicle is allowed to stand in the Police Station, it would not remain roadworthy - Its machinery,..........