Court dismissed revision holding Section 451 to 457 CrPC inapplicable to forfeiture under E.C. Act thus impugned order not bad in law and case should be proceeded in accordance with law.
Revision dismissed and Registry directed to inform trial court to proceed with the case in accordance with law.
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Neutral Citation No. - 2023:AHC:159850
Court No. - 81
Case :- CRIMINAL REVISION No. - 602 of 1995
Revisionist :- Gopal Nathani And Another Opposite Party :- State Of Up And 2 Others Counsel for Revisionist :- D K Singh,D K Singh Counsel for Opposite Party :- A.G.A.
Hon'ble Umesh Chandra Sharma,J.
List has been revised.
Revisionists or their learned counsel is not present while learned A.G.A. is present.
The vehicle in question was forfeited under the E.C. Act, therefore, the release application was rejected by the A.C.J.M. Kashya, Padrauna. However, by an interim order this Court has released the impugned vehicle in favour of the revisionists. This Court is of the view that in case of forfeiture under the E.C. Act, Sections 451 to 457 Cr.P.C. wold not apply. Thus, this Court is of the view that the impugned order is not bad in law. The revision is devoid of merit and is liable to be dismissed.
Revision is, accordingly, dismissed.
Registry is directed to inform the trial court to proceed with the case in accordance with law.
Order Date :- 8.8.2023
m.a.
Digitally signed by :- MOHAMMAD AYYUB High Court of Judicature at Allahabad
1 issue framed by the court
Whether Sections 451 to 457 CrPC apply to forfeiture under E.C. Act that bars reopening of proceedings once three years have elapsed.
1 provisions across 1 enactments
Gopal Nathani And Another
State Of Up
Umesh Chandra Sharma, J.
Mohammad Ayyub
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
