Search Results for "Seized articles"

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Search Results for "Seized articles"

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High Court

High Court Quashes Orders Refusing Return of Seized Articles and Directs Fresh Consideration of Custody Pending Trial. Order under Sections 457/452 CrPC Held Not Interlocutory, Revision Maintainable; Trial Court Directed to Apply Principles from Sunderbhai Ambalal Desai v. State of Gujarat.

22 Nov 2011

The applicant, Madhukar Motiram Manohare, an agriculturist, filed an application under Section 482 of the Code of Criminal Procedure, 1973, before the...

Supreme Court

Supreme Court Acquits Appellant in Railway Stores (Unlawful Possession) Act, 1955 Case Due to Lack of Proof that Seized Articles Were Used or Intended for Railway Use. Conviction Under Section 3 Quashed as Prosecution Failed to Establish Goods Were 'Railway Stores' Under Section 2 of the Act.

2 Sep 1969

Background: This criminal appeal arose from proceedings under the Railway Stores (Unlawful Possession) Act, 1955. The appellant, a private individual,...

Supreme Court

Supreme Court Holds Police Cannot Seize Immovable Property Under Section 102 CrPC. The expression 'any property' in Section 102(1) CrPC means only movable property, and immovable property cannot be seized by police during investigation.

9 Aug 2019

The Supreme Court in this judgment resolved a long-standing conflict of opinion in the Bombay High Court regarding the interpretation of Section 102 o...

High Court

Gujarat High Court Orders Release of Seized Goods and Defreezing of Bank Accounts Under GST Act After Expiry of One-Year Limitation Period. The court held that provisional attachment under Section 83(2) and seizure under Section 67(7) of the GST Act cannot continue beyond one year, directing the state to release goods and defreeze accounts.

9 Jan 2026

The petitioner, a partnership firm engaged in trading gold, silver, diamonds, and jewellery, had its premises searched on 09.03.2022 under Section 67(...

High Court

Bombay High Court Allows Writ Petition Challenging Illegal Disposal of Seized Gold Jewellery Without Notice and Before Confiscation Order. Customs Authorities Directed to Pay Current Market Value for 1028 Grams of Gold Disposed in Violation of Section 111 of Customs Act, 1962 and Article 300A of Constitution.

21 Dec 2023

The petitioners, Leyla Mohmoodi and Mojtaba Ebrahim Gholami, through their constituted attorney, filed a writ petition under Article 226 of the Consti...

High Court

High Court of Karnataka, Dharwad Bench, Examines Legality of Police Notices for Production of Gold Articles from NBFCs under Section 91 CrPC and Section 94 BNSS. Petitions by Manappuram Finance Limited and Muthoot Finance Limited challenge notices issued by investigating officers seeking production of gold ornaments pledged by accused persons in robbery cases, arguing police can only summon documents for examination and not seize.

27 Sep 2024

The High Court of Karnataka, Dharwad Bench, heard four writ petitions together filed by Manappuram Finance Limited and Muthoot Finance Limited, both n...

High Court

High Court of Karnataka Allows Writ Petition for Release of Seized Gold Due to Non-Issuance of Notice Under Section 124 of Customs Act, 1962 Within Prescribed Period Under Section 110(2). The court held that continued seizure beyond six months without notice under Section 124 is illegal and directed release of gold.

22 Apr 2015

The petitioner, K. Abdulla Kunhi Abdul Rahaman, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnatak...

High Court

High Court of Karnataka Allows Writ Petition Quashing Seizure Order Under Section 67(2) of CGST Act Due to Non-Compliance with Mandatory Requirements. Seizure of cash from residential premises of an employee without proper authorization and recording of reasons held invalid, cash ordered to be returned.

20 Feb 2024

The petitioners, B. Kusuma Poonacha and J K Manjunath, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High C...

Supreme Court

Supreme Court Allows Appeal Against Confiscation of Truck Under UP Excise Act — Collector's Confiscation Power Not Exclusive When Criminal Trial Is Pending. Magistrate Retains Jurisdiction Over Seized Property Under CrPC When IPC Offences Are Also Involved.

20 Aug 2019

The appellant, owner of a truck seized for transporting 154 cartons of illicit liquor along with a country-made pistol and live cartridges, challenged...

Supreme Court

Supreme Court Allows Appeal of Vehicle Owner in Gujarat Prohibition Act Case — High Court Erred in Dismissing Petition Without Considering Section 451 CrPC. Vehicle Owner Entitled to Seek Interim Custody of Seized Vehicle Pending Trial Despite Section 98(2) of Gujarat Prohibition Act, Which Does Not Create an Absolute Bar.

29 Apr 2024

The appellant, Khengarbhai Lakhabhai Dambhala, claimed ownership of a vehicle (Eicher 10.80 bearing no. GJ 05-BT-0899) that was seized in connection w...

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