VidhiSangh

Supreme Court of India · 20/08/2019

MUSTAFA versus STATE OF UTTAR PRADESH & ORS.

[2019] 10 S.C.R. 754 · 2019 INSC 924

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Summary

The Collector has exclusive jurisdiction under section 72 of the Uttar Pradesh Excise Act to confiscate a vehicle used for illicit liquor transport, independently of prosecution. The special statutory disposal scheme prevails over the general criminal procedure provisions governing release of property. Upholding that jurisdiction, the Court nevertheless remitted the matter to the High Court to review the merits of the confiscation order, which it had not examined.

Issues

  1. Whether confiscation must await prosecution or be ordered by the criminal court.
  2. How the special confiscation and disposal scheme affects criminal courts’ general powers over seized property.

Provisions considered

Held

Result

Appeal disposed of. Collector’s confiscation jurisdiction upheld; matter remitted to the High Court for judicial review of the confiscation order as affirmed by the District Judge.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 754.