Supreme Court of India
The State of Madhya Pradesh v. Uday Singh
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the above reasons, we allow the appeal and set aside the impugned judgment and order of the High Court dated 29 July 2011 in MCRC 5171 of 2011.
Judgment, page 33
From the headnote
Forest Act, 1927: ss. 52(substituted by MP Act 25 of 1983), 52A – Seizure of property liable to confiscation an d procedure thereof – Seizure of tractor and trolley involved in illeg al excavation of sand from Chambal river – Confiscation proceedings initiat ed in terms of s. 52(3) – Jurisdiction of the Magistrate u/s. 451 rPC to order interim release of the seized vehicle – Held: Procedure is governed by ss. 52 and 52A – Magistrate has no jurisd iction u/s. 451 CrPC to direct release of the seized vehicle – Order passed by the High Court u/s. 482 CrPC directing the Magistrate to p ass orders
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