Criminal Procedure Code, 1973, Section 457 -- Release of vehicle - Vehicle used in illegal transport of forest produce - Vehicle ordered to be released on "Supurdginama" and apart from that petitioner to furnish irrevocable bank guarantee of Rs.One Lac - Petitioner not to alienate the said vehicle during pendency of the case...........
Criminal Procedure Code, 1973, Section 457 -- Auction of seized agricultural products - Validity - Trial Court ordered auction of Mustard 22551 bags, wheat 15764 bags, Dhania 458 Bags and Soyabin 173 bags - Held, products being of perishable nature cannot be kept in seizure for a long time - No perversity in the order passed by trial court on application filed by..........
Criminal Procedure Code, 1973, Section 397, 401, 457, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Release of case property - Husband of revisionist dishonestly and fraudulently transferred the amount from account of complainant to his own account misusing his position - Final report filed due to death of accused "B" - Magistrate ordered for releasing the amount..........
Essential Commodities Act, 1955, Section 6E, Criminal Procedure Code, 1973, Section 451, 457 -- Seizure of huge quantity of wheat - Wheat cannot be released merely on the ground that applicant is ready to furnish security in absence of proof of ownership - Such a course is not permissible even while deciding application u/s 451/457 Cr.P.C...........
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..........
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..........
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..........
Criminal Procedure Code, 1973, Section 457 -- Interim release of vehicle - Magistrate dismissed application that as per report of IO name of 1st owner, place of purchase, invoice No. in respect of vehicle were yet to be ascertained - Revision thereagainst - Clerical error in mentioning vehicle as "Maruti 800" instead of "Maruti Van" and same has been corrected by RTO by..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle in possession of transport company for the purpose of transportation - Accident took place and vehicles seized by police from the driver of the transport company - Power of attorney holder on behalf of the transport company filed application for release of vehicle which was disallowed - Order..........
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..........
