Apex Court, which is under Section451 & 457 of the Criminal
Procedure Code . The citation has been pronounced in the year 2003,
whereas ... stage of Section 98 of the Act or while considering
an application under Sections 451 or 457 of the Cr.P.C . Mr. Amin
submitted
innocent owner is to be
protected by taking resort to Section 451 or
Section 457 of the Code.
5
5. Chapter ... made before the
competent court either under Section 451
Cr.P.C. or Section 457 Cr.P.C., as the case
Incidentally, it is also contended that when Sub-section (1) of Section 457, Cr. P. C. confers jurisdiction on the Magistrate to make such order ... make such order as he thinks fit" in Sub-section (1) of Section 457 does not confer arbitrary and uncontrolled power on the Magistrate
confiscation proceedings are pending. In fact the sub-section (1) to sub-section (4) of Section 72 of the 'Act' prescribe the manner ... terms of sub-section (8) of Section 72 of the Act, is subject to provisions of sub-section (4) of Section
introduced with a view to enlarge the scope of old Section 523. Section 457 does not specifically state that the Magistrate is prevented from passing ... Magistrate could have passed Under Section 523 of the Code will not be available Under Section 457 though the Legislature purported to enlarge the scope
Section 457 cases covered by Sections 451 and 452 and that there is no bar in Section 457 from exercising the power under ... above decision that Section 523 of the old Code restricted its operation to seizure under Sections 51 and 550 whereas Section 457 applies
other sections Sub section 451 and 452 on the same subject which have some bearing on the interpretation of Section 457 . Section 451 empowers ... Criminal Court during an inquiry or trial" in Sub-section (1) of Section 457 refers merely to a stage of investigation
clause (b) of the explanation provided for under the new section. Section 457 of the new Code corresponds to Section 523 of the old Code ... Court during an inquiry or trial, Section 451 of the new Code would apply and not Section 457 . The words relied upon by the Chief
seizure and confiscation of vehicles, the powers under Section 451 or for that matter under Section 457, would still be available with the Magistrate pending ... with Section 72 of U.P. Excise Act. Therefore the proceeding under Section 72 of U.P. Excise Act will prevail and Section 457
District Sirmaur,
under Section 39(1) A of H.P. Excise Act, whereby
application preferred by the petitioner under Section 457 of
the Code ... Haryana , (1978) 2 Supreme Court
Cases 491.}
22. Subsection (2) of Section 457 CrPC provides that
if the person entitled to possession is known
