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TMI Blog2014 (1) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... yield where a statute makes a special provision with regard to its confiscation and disposal. In the present case, the Legislature has used a non-obstante clause not only in Section 59 but also in Section 61 of the Act. As is well settled, a non-obstante clause is a legislative device to give effect to the enacting part of the section in case of conflict over the provisions mentioned in the non-obstante clause. Hence, Section 451, 452 and 457 of the Code must yield to the provisions of the Act and there is no escape from the conclusion that the Magistrate or for that matter the High Court, while dealing with the case of seizure of vehicle under the Act, has any power to pass an order dealing with the interim custody of the vehicle on sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be caught, left the vehicle and ran away from the place, taking advantage of the darkness. The vehicle abandoned by the driver was Cruiser Force and had registration No. HR-56-7290. After opening of the windows of the vehicle, 27 Cartons, each containing 12 bottles of 750 ml. Mashaledar country-made liquor and 20 Cartons, each containing 48 quarters of Besto Whisky were found inside the vehicle. All the 47 Cartons were embossed with Sale in Haryana only . Constable Raghmender Singh gave a report to the police and on that basis FIR No. 112 of 2011 dated 17.04.2011 was registered at Aman Vihar Police Station under Section 33(a) and Section 58 of the Delhi Excise Act, 2009. During the course of investigation, Narender, respondent herein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard to the vehicle in question and the procedure that was to be followed regarding the vehicle was to be found in Chapter VI of Delhi Excise Act and also Section 451, Cr.P.C Mr. Mohan Jain, Additional Solicitor General appears on behalf of the appellant whereas the respondent is represented by Mr. Harish Pandey. Mr. Jain submits that in view of the embargo put by Section 61 of the Delhi Excise Act, the High Court had no jurisdiction to pass an order for release of the vehicle on security. Mr. Pandey, however, submits that the High Court has the power under Section 451 of the Code to direct for release of the vehicle on security and the same is legal and valid. Rival submissions necessitate examination of the scheme of the Delhi Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t or pass, is punishable and any vehicle used for carrying the same, is liable for confiscation under Section 58(d) of the Act. Section 59 of the Act deals with the power of confiscation of Deputy Commissioner in certain cases. Section 59(1) thereof provides that notwithstanding anything contained in any other law where anything liable for confiscation under Section 58 is seized or detained, the officer seizing and detaining such thing shall produce the same before the Deputy Commissioner. On production of the seized property, the Deputy Commissioner, if satisfied that the offence under the Act has been committed, may order confiscation of such property. Therefore, under the scheme of the Act any vehicle used for carrying the intoxicant is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rial, the court may also, under Section 452 of the Code, make an order for the disposal of the property produced before it and make such other direction as it may think necessary. Further, where the property is not produced before a criminal court in an inquiry or trial, the Magistrate is empowered under Section 457 of the Code to make such order as it thinks fit. In our opinion, the general provision of Section 451 of the Code with regard to the custody and disposal of the property or for that matter by destruction, confiscation or delivery to any person entitled to possession thereof under Section 452 of the Code or that of Section 457 authorising a Magistrate to make an order for disposal of property, if seized by an officer and not prod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the interim custody of the vehicle on security or its release thereof. The view which we have taken finds support from a judgment of this Court in the case of State of Karnataka v. K.A. Kunchindammed, (2002) 9 SCC 90, which while dealing with somewhat similar provisions under the Karnataka Forest Act held as follows:- 23 .The position is made clear by the non obstante clause in the relevant provisions giving overriding effect to the provisions in the Act over other statutes and laws. The necessary corollary of such provisions is that in a case where the Authorized Officer is empowered to confiscate the seized forest produce on being satisfied that an offence under the Act has been committed thereof the general power vested in the M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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