VidhiSangh

Supreme Court of India · 26/03/2019

THE STATE OF MADHYA PRADESH versus UDAY SINGH

[2019] 6 S.C.R. 154 · 2019 INSC 401

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Summary

The Supreme Court set aside High Court directions for interim release of vehicles seized for forest offences. Under the Indian Forest Act as amended in Madhya Pradesh, receipt by the Magistrate of the statutory intimation initiating confiscation attracted the jurisdictional bar in Section 52-C. The ordinary criminal-court custody power could not then bypass the special confiscation machinery. Confiscation and prosecution were distinct proceedings; the Wildlife Protection Act precedent relied on below involved a materially different statutory scheme.

Issues

  1. Whether the Magistrate could release seized vehicles after statutory confiscation proceedings and intimation.
  2. Whether the High Court could direct such release under its inherent criminal jurisdiction.

Provisions considered

Held

Result

State appeals allowed; the specified High Court orders directing interim release of seized vehicles set aside.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 154.