In a significant ruling, the Supreme Court underscores the necessity of adhering to statutory provisions in cases involving the release of seized vehicles. Justices Bela M Trivedi and Pankaj Mithal emphasize that approaching the High Court under Articles 226/227 without prior recourse to the magistrate under Section 451 of the Criminal Procedure Code would be improper.
SC: High Court Not Proper Remedy for Seized Vehicle Release Without Magistrate's Intervention
In a recent verdict, the Supreme Court clarified the procedural route for seeking the release of seized vehicles, emphasizing adherence to statutory provisions. Justices Bela M Trivedi and Pankaj Mithal held that directly approaching the High Court under Articles 226/227 of the Constitution for vehicle release, without prior recourse to the magistrate under Section 451 of the Criminal Procedure Code, is improper.
The case stemmed from the seizure of a vehicle by the police, allegedly transporting liquor exceeding the prescribed limit. The vehicle owner, bypassing the magistrate under Section 451 of the Cr.P.C., directly petitioned the High Court for release.
The bench stressed that when the Cr.P.C. provides specific provisions for property custody during inquiries or trials, the High Court's extraordinary jurisdiction under Article 226 should not be invoked. Justice Trivedi noted, "The remedy exercised by the appellant could not be said to be the proper course of action for getting custody of the property."
Section 451 of the Cr.P.C. outlines the procedure for the custody and disposal of seized property pending inquiry or trial. The court highlighted the importance of the concerned criminal court's involvement in such matters, expressing doubt on whether the vehicle was presented before the court.
While dismissing the appeal, the court clarified that the appellant could approach the relevant court where the property is presented during the inquiry or trial. This decision underscores the significance of following statutory procedures for property release, ensuring proper legal recourse and adherence to due process.
The Supreme Court's ruling provides clarity on the appropriate legal route for seeking the release of seized property, reiterating the importance of adherence to statutory provisions and due process in legal proceedings. This decision serves as a guideline for future cases involving the release of seized assets, emphasizing the primacy of statutory provisions in the legal framework.
Harvard takes legal fight to court after Trump admin revokes international student enrollment rights
Trump threatens 25% tariff on Apple if iPhones made in India are sold in US
Global Forest Watch (GFW), India lost 18,200 hectares (ha) of primary forest in 2024, up from 17,700 hectares in 2023
Including Mission LiFE in the National Climate Action Plan, Lets learn more!
Let's learn more about the Center's encouragement for states to enforce labour codes!
Harvard takes legal fight to court after Trump admin revokes international student enrollment rights
Trump threatens 25% tariff on Apple if iPhones made in India are sold in US
Crores uncovered as ED traces alleged cash trail to Gandhi-led firm in explosive cover-up scandal
Denied refuge, forced through fury: IndiGo pilots brave storm after Pakistan airspace refusal
India gears up to re-push Pakistan into FATF grey list over terror financing
Harvard takes legal fight to court after Trump admin revokes international student enrollment rights
Trump threatens 25% tariff on Apple if iPhones made in India are sold in US
Global Forest Watch (GFW), India lost 18,200 hectares (ha) of primary forest in 2024, up from 17,700 hectares in 2023
Including Mission LiFE in the National Climate Action Plan, Lets learn more!
Let's learn more about the Center's encouragement for states to enforce labour codes!
Harvard takes legal fight to court after Trump admin revokes international student enrollment rights
Trump threatens 25% tariff on Apple if iPhones made in India are sold in US
Crores uncovered as ED traces alleged cash trail to Gandhi-led firm in explosive cover-up scandal
Denied refuge, forced through fury: IndiGo pilots brave storm after Pakistan airspace refusal
India gears up to re-push Pakistan into FATF grey list over terror financing
Copyright© educationpost.in 2024 All Rights Reserved.
Designed and Developed by @Pyndertech