Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 352, 457 -- Quashing of Compliant - Magistrate has given a categorical finding that there are sufficient grounds to proceed in the matter - At this stage it cannot be said that no offence is made out against applicant - Disputed questions of fact arise between parties, which cannot be..........
Criminal Procedure Code, 1973, Section 451, 457, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Seizure of vehicle - Offence under NDPS Act - Seized vehicle can be returned to registered owner on furnishing bond with surety - Owner of vehicle has to produce vehicle before Trial Court as and when called for and he will not change nature and character..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of stolen property - Under sections 451 & 452 Cr.P.C. title to property is not decided by a Court of law - Indeed an enquiry for disposal of property need not be detailed one, as ownership of title issues are purely in the realm of appropriate civil Court decision...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of stolen property - Stolen property in the form of jewels - Photographs of same can be taken by Court and same being attested or counter signed by complainant, accused as well as by person to whom the custody is handed over - Possession of valuable articles should be restored to individual from whom it was taken..........
Criminal Procedure Code, 1973, Section 451, 457, Indian Penal Code, 1860, Section 395, 397 -- Release of seized property - Robbery - Admittedly stolen property was recovered from accused and are in custody of complainant - However, stolen property in the form of jewels were pledged with petitioner/Finance company - Petitioner is legitimately entitled to stake its rightful..........
Criminal Procedure Code, 1973, Section 457 -- Release of vehicle seized in a case under NDPS Act - Plea that vehicle was stolen and used in offence - Petitioner actual and registered owner of vehicle - FIR was lodged regarding theft of vehicle - Contraband was recovered after vehicle was stolen - Interim custody given to petitioner subject to furnishing Supardaginama in..........
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 initiated by Court concerned..........
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..........
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..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Offence u/ss 3 & 7 of Essential Commodities Act - Petitioner being power of attorney holder of registered owner of seized vehicle carrying 18 gunny bags of wheat bearing seal of FCI - Investigation of case is still pending and conclusion of proceedings is likely to take a long time - Keeping the..........
