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Darsh_KEWAT
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வேகம்
The confiscation of the truck of appellant therein when he stood acquitted in the criminal prosecution, was held amounting to arbitrary deprivation of his property and violates the right guaranteed to each person under Article 300-A. It was held not only arbitrary inconsistent with the legal requirements. The Hon'ble Supreme Court has held that confiscation despite acquittal by criminal court cannot be allowed to stand. The fact of acquittal be a relevant factor in the matter of confiscation of vehicle. As already discussed above, no defence knowledge and connivance of the owner has been made available to the owner, procedure for confiscation been laid down. Therefore, initiated and proceeded parallel to criminal trial, but no confiscation order can be passed before conclusion of criminal trial and the Collector/District Magistrate would be empowered to confiscate the vehicle only if conviction is recorded knowledge/connivance of the owner is proved in the criminal trial. We are also fortified in our conclusion by a recent order of the Hon'ble Supreme Court in wherein the Supreme Court held that confiscation under Section 6-A of The Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration of Export) will not be given effect to during pendency of criminal trial. Therefore, the questions referred to us in the matter of jurisdiction to pass confiscation order during pendency of criminal proceedings under and are answered in the following manner Excise Act conferring authority on the Collector to pass order for confiscation is declared ultravires being disproportionately violative of of the Constitution of India. Therefore, question of confiscation by the Collector during pendency of criminal trial no longer survives in the matter, as order for confiscation can now be passed only by the Criminal Court trying the offence in terms of sections 46 and 47 thereof. As a necessary consequence thereto, Section 47-D would become inoperative in all cases where confiscation having rendered superfluous. Collector/District Magistrate shall proceedings for confiscation during pendency of criminal trial, but no confiscation order can be passed before conclusion criminal trial and the Collector/District Magistrate would be empowered to confiscate the criminal trial and involvement of vehicle and knowledge/connivance of the owner is proved the criminal trial. The said 2Mb stream is originating from the switch and it is connected to the customer premises through Optical Fibre cable. Other end of the stream is terminated at the customer premise in the Private Automatic Exchange (herein after referred PBX) installed by them. local extensions by their own arrangement. Outgoing calls dialed from extensions will land board and further will be routed to BSNL Switch through the available free PRI junctions and the call will be put through, to the called destination incoming calls to ISHA will be routed in the available free junctions from BSNL Switch. The same 30 junctions is used both for incoming and outgoing calls. they had made an oral complaint to the Claimants’ company on this could not be verified by since the Isha Yoga Centre has not given details of the complaint such as nature of complaint and to whom the complaint was made. the Claimants received an e-mail from Isha Yoga Centre stating that certain extensions receiving incoming calls. On examination, no fault or technical problem was found with the connectivity to the PBX. Since the owned by Isha Yoga Centre, they were advised to contact the vendor to check and verify the issue of not receiving the incoming calls in some of the extensions of PBX. the earlier mail faulty. Since the staus of the calls mentioned in the mail dated Number does not exist, are fed from PBX board only, ISHA was informed to contact endor to resolve the issue. It is not correct that there was no response from the Claimant's office to the oral as well as e-mail complaints of the Respondent. They are in constant touch with the Isha Foundation and when any complaint is received from their end, the Claimants’ office entrusted Shri. He was constantly in touch with the respondent and issuing necessary instruction the Exchange system. The intention that the calls will grow again is not correct, since they submitted the bills in time by e-mail and also, at their request, the Accounts Officer Coimbatore, had arranged to deliver the invoice once again. As soon as the complaint was received regarding excess metering, This is first application filed by the applicant under for grant of bail relating to registered at Police Station Ayodhya Nagar, District Bhopal (M.P.) for the offences under the Arms Act. The applicant is in custody Learned counsel appearing on behalf of the applicant has pointed out that the applicant is innocent and has been falsely implicated in this case. It is submitted that the depth of the injury has not been disclosed by the concerned doctor. Although the doctor has opined that the injury is grievous in nature, the same does not fall within any of the categories of "grievous hurt" as enumerated under of the IPC. There is no material available on record to substantiate the opinion that the injury was grievous in nature. A mere assertion by the concerned doctor, without any supporting medical evidence or specific findings, is not sufficient to hold that the injury falls within the ambit of grievous hurt. It is further submitted the injury was dangerous to life. In such circumstances, at the most, an offence punishable under Section of the Bharatiya Nyaya Sanhita, 2023 is made out against the applicant, which is triable by the Judicial Magistrate First Class. It is further submitted that two other criminal cases have been registered against the applicant; however, he has been falsely implicated therein. Furthermore, the investigation has been completed and the charge-sheet has already been filed before the competent Court. The applicant is in custody No further custodial interrogation is required in the matter. Conclusion of the trial will take time. He is ready to abide by the terms and conditions which may be imposed by this Court. On these grounds, learned counsel prays for grant of bail to the applicant. Considering the submissions advanced by learned counsel for the parties and facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed, but with stringent conditions and it is directed that the applicant be released on bail on furnishing a personal bond in the sum (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial Court/committal Court. This order will remain operative subject to compliance of the following conditions by the applicant:-
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உரை பயிற்சி - நேரம் 1900 - English
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