Indian Penal Code, 1860, Section 414, 120B, Forest Act, 1927, Section 33 -- Confiscation of vehicle - Offence u/s 414, 120-B IPC and S.33 of Forest Act - Transportation of coal illegally mined from closed mines inside forest area - No document at the time of seizure produced by driver and statement of driver was recorded in which he categorically stated that coal was being..........
Constitution of India, 1950, Article 300A, 14, Criminal Law (Amendment) Ordinance, 1944, Section 4 -- Attachment of property - Confiscation in public interest - Such forfeiture does not amount to deprivation of right of enjoyment of property under Constitution...........
Constitution of India, 1950, Article 14, 19(1)(g), 226, Customs Act, 1962, Section 141, 157, Customs Areas Regulations, 2009 -- Constitutional validity of Handling of Cargo u/Regn.6(1)(1) of Regulations - Plea that Cargo Regulations violates Arts.14, 19(1)(g) of Constitution as it put blanket ban on demurrage charged by the custodian of goods in case of detention,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Confiscation of seized vehicle - Conveyance seized under NDPS Act is liable to confiscation only when owner of conveyance who was given an opportunity by Court could not prove that conveyance was used without his knowledge or connivance - Trial Court has to take a decision as to whether vehicle is liable..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Release of seized vehicle - Offence u/s 8, 20, 23 of NDPS Act - Refusal to release vehicle may not be justified merely because some contraband is alleged to be recovered from vehicle or vehicle could have been subjected to confiscation, particularly when..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63, 8, 15 -- Confiscation of vehicle - Offence u/ss 8, 15 of the Act - Vehicle carrying contraband confiscated - Since there is no culpability of main accused persons for the alleged offence, it is thus, not desirable to maintain order of confiscation for vehicle in question and its subsequent auction - Vehicle..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Confiscation of vehicle - Recovery of 5 kg heroin from car driven by accused - Car liable to be confiscated u/s 63 of the Act - No interference warranted in the impugned order of confiscation...........
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 -..........
Prevention of Corruption Act, 1988, Section 13(1)(e), Madhya Pradesh Vishesh Nyayalaya Adhiniyam Act, 2012, Section 5, 13(1), 15(3) -- Confiscation of property - Ill-gotten money by criminal misconduct - Plea of retrospective -Held, Appellant/accused brought within ambit of M.P. Vishesh Nyayalaya Adhiniyam Act - Therefore, plea of retrospective not applicable - Hence,..........
Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, Section 3 -- Revenue records - Suit for rectification by incorporating plaintiff`s names as owners and possessors - Revenue Authorities allegedly created records in favour of State without any notice and legal proceedings - Plaintiffs producing documents regarding service connection of borewells in disputed..........
