confiscation and 457 petition
WHATSAPP 91-8075113965
(Querist) 01 October 2009
This query is : Resolved
hi sirs,
i have a doubt. that is, as per KERALA ABKARI ACT if a person is found transporting ,exporting, or importing any indian made foreign liquior, manufactured and permitted to be sold only in some other state in india, without paying the excise duty , in a jeep, normally the procedure to be adopted by the police is to arrest the accused, charging him u/s 55[a] of kerala abkari act and the property and jeep will be confiscated to the government u/s 67 of abkari act and a seperate proceedings will be held before the excise commissioner, for the release of the vehicle.
but here the police erred in ,not informing the matter to the excise commissioner, by preparing an inventory list.
if so, whether, the accused can file a petition u/s 457 crpc before the magistrate court, for the release of the vehicle ?
salil kumar.p
advocate
thalassery-670101
Guest
(Expert) 01 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATTER KINDLY NOTE THAT
1.AS POLICE ERRED, YOU MAY FILE A WRIT PETITION AT HIGH COURT OF JUDICATURE AND PRAY FOR TRANSFER OF THE MATTER TO THE CORRECT AUTHORITY. KINDLY NOTE THAT HIGH COURT HAVE EXTRA ORDINARY JURISDICTION AND CAN INTERFERE IN CASE ANY ILLEGALITY IS CAUSED BY ANY AUTHORITIES OR COURT ORDERS.
YOU MAY SUBMIT YOUR PRAYERS FOR PERMISSION TO WIDRAW THE PROPERTY SEIZED.
YOU MAY SUCCEED OR THE MATTER WILL BE TRANSFERRED TO THE PROPER AUTHORITIES WITH JUST AND PROPER DIRECTIONS PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND THE EXACT DETAILS .
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
Sachin Bhatia
(Expert) 02 October 2009
Mr.NandKumar, your replies are always impressive, If you can reply in small letters, it will eassy & appropriate for others to read.
