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Rangappa S/O Kallappa Kichadi vs The State Of Karnataka on 4 March, 2022 cites

Abdul Wahab vs Divisional Engineer, M.P. Electricity ... on 5 March, 1976

5. The learned Sessions Judge after conducting full- fledged trial held that the seizure of the sand in the lorry is not proved and acquitted the accused for the aforesaid offences. 4 However, acting under section 21(4A) of the MMRD Act read with section 452 of Cr.P.C., the learned Sessions Judge ordered for confiscation of truck belonging to the appellant with the State. Section 21(4A) of the Act specifies that any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in accordance with the directions of such court. However, the said provision does not specify upon acquittal the accused of the aforesaid offences, the learned Sessions Judge can invoke section 21(4A) of the MMRD Act so as to confiscate the vehicle belonging to the appellant. Learned Sessions Judge having acquitted the accused-appellant for the aforesaid offences, without authority of law has confiscated the truck belonging to the appellant with the State, which is contrary to section 21(4A) of the Act. Further, in the case of Abdul Vahab (supra) the Hon'ble Apex Court at para 21 has laid held as under:
Supreme Court of India Cites 3 - Cited by 4 - Y V Chandrachud - Full Document
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