Skip to main content

Confiscation Proceedings Independent Of Main Criminal Case

The Supreme Court, in State of Madhya Pradesh vs Kallo Bai, has clarified that confiscatory proceedings are independent of the main criminal proceedings, and it is meant to provide a deterrent mechanism and to stop further misuse of the vehicle.

A bench comprising Justice NV Ramana and Justice Prafulla C Pant was considering an appeal by the state against the high court order which had upheld a session’s court order directing the vehicle to be released on the ground that unless the guilt of the accused is proved, the authority had no right to confiscate the vehicle and forest produce.

The authorsed officer-cum-sub divisional officer had held that the vehicle operator and his companion had deliberately transported teak wood without the requisite permit or any valid document and that the owner was aware of the said illegal transport.

The bench, referring to various other decisions and also on provisions of the Madhya Pradesh Van Upaj (Vyapar Viniyam) Adhiniyam, 1969, observed that criminal prosecution is distinct from confiscation proceedings and parallel, each having a distinct purpose.

“The object of confiscation proceeding is to enable speedy and effective adjudication with regard to confiscation of the produce and the means used for committing the offence while the object of the prosecution is to punish the offender,” the court said.

It said scheme Adhiniyam prescribes an independent procedure for confiscation and the intention of prescribing separate proceedings is to provide a deterrent mechanism and to stop further misuse of the vehicle.

Allowing the appeal by the state, the court held that the high court as well as the revisional court erred in coming to a conclusion that confiscation under the law was not permissible unless the guilt of the accused is completely established.

Comments

Popular posts from this blog

MACT - Permanent disability - calculate - compensation - Supreme Court - Part 2

1) C. K. Subramonia Iyer vs. T. Kunhikuttan Nair - AIR 1970 SC 376
2) R. D. Hattangadi vs. Pest Control (India) Ltd. - 1995 (1) SCC 551
3) Baker vs. Willoughby - 1970 AC 467
4) Arvind Kumar Mishra v. New India Assurance Co.Ltd. - 2010(10) SCALE 298
5) Yadava Kumar v. D.M., National Insurance Co. Ltd. - 2010 (8) SCALE 567)



5.The heads under which compensation is awarded in personal injury cases are the following : Pecuniary damages (Special Damages)
(i)Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure.
(ii)Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising :
(a)Loss of earning during the period of treatment;
(b)Loss of future earnings on account of permanent disability.
(iii)Future medical expenses.
Non-pecuniary damages (General Damages)
(iv)Damages for pain, suffering and trauma as a consequence of the injuries.
(v)Loss of amenities (and/or loss of prospects…

Passport - DRT - power to impound - High Court

1) Satwant Singh Sawhney v. D.Ramarathnam. Asst. Passport Officer, 1967 (3) SCR 52
2) Menaka Gandhi v. Union of India, 1978 (1) SCC 248
3) Industrial Credit and Investment Corporation of India Ltd. v. Grapco Industries Ltd., (1994) 4 SCC 710
4) Suresh Nanda v. Central Bureau of Investigation, 2008 (3) SCC 674
5) Damji Valaji Shah & another Vs. L.I.C. of India & others [AIR 1966 SC 135]
6) Gobind Sugar Mills Ltd. Vs. State of Bihar & others [1999 (7) SCC 76]
7) Belsund Sugar Co. Ltd. Vs. State of Bihar and others [AIR 1999 SC 3125]
8) Sanjeev R.Apte v. I.F.C.I. Ltd., and others, 2008 (154) DLT 77
9) Smt.Annai Jayabharathi v. The Debt Recovery Tribunal & Anr., CDJ 2005 Ker HC 171
10) Allahabad Bank v. Radhakrishna Maity, AIR 1999 SC 3426
11) Ramalinga v. Radha, 2011 (4) CTC 481
12) Sinnaswami Chettiar v. Aligi Goundan and others, AIR 1924 Madras 893 (OVERRULED)
13) Nallagatti Goundan v. Ramana Gounda and others, AIR 1925 Madras 170
14) Income Tax Officer v. M.K.Mohammad…

DISTINCTION BETWEEN NECESSARY & PROPER PARTY

Who is Necessary to Proper Party

Order 1 Rule 10 of the Code of Civil Procedure, 1908

Razia Begum v. Anwar Begum, [1959] SCR 1111, relied on. Amon v. Raphael Tuck & Sons Ltd., (1956) 1 All E.R. 273 and Dollfus Mieg et Compagnie S.A. v. Bank of England, (1950) 2 All E.R. 611, referred to.

National Textile Workers’ Union, etc. v. P.R. Ramakrishnan and Ors., [1983] 1 SCR 922,

distinguished.

Meaning of Necessary or Proper Party

Whether Court could direct plaintiff to add lessee as defendant in suit.

Whether Court has discretion to direct a plaintiff, though dominus litis, to implead a person as a necessary party.

The Supreme Court of India in Ramesh Hiranand Kundanmal Vs. Municipal Corporation, Greater Bombay, (1992) 2 SCC 524 : 1992 (2) SCR 1 : JT 1992 (2) SC 136 : 1992 (1) Scale 530 : 1992 (1) CCC 594 : 1992 (1) RCR 644 : 1992 (2) UJ 181 held that a party can be joined as defendant even though the plaintiff does not think that he has any cause of action against him.

A bench comprisi…