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TMI Blog2008 (4) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... the Karnataka Act, Section 72 of the Uttar Pradesh Act and Sections 46 and 46A of the Andhra Pradesh Excise Act. Thus the inevitable conclusion is that the appeals are without merit, deserve dismissal. X X X X Extracts X X X X X X X X Extracts X X X X ..... ovisions the criminal courts were not invoking jurisdiction and the power of the court has been taken away. Challenge to Section 54A and Section 69(6) were made on the ground that they are unconstitutional, arbitrary, unreasonable and violative of Articles 14, 19, 20, 21 and 301 of the Constitution. It was submitted that the powers conferred on judicial courts by virtue of Sections 451 to 457 Cr.P.C. has been curtailed or have been taken away and indirectly the power of revision of Sessions judge or the High Court and inherent power of the High Court under Section 482 Cr.P.C. has been curtailed. 7. In response, learned counsel for the State made the reference to Sections 4,5, & 9 Cr.P.C. and Section 41 of the Indian Penal Code, 1860 (in short the 'IPC'). 8. The objects and reasons of the Rajasthan Excise Amendment Act, 2000 need to be noted. The same is as follows: "Statement of Objects and Reasons: The incidence of unauthorized transportation of excisable articles had increased in recent past and it was noticed that owners of such vehicles were indulging in these activities with impunity. It was also noticed that the vehicles indulging in such transportation even after seizur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence and such owner shall be liable to be proceeded and be- punished accordingly unless he satisfies the court that he had no reason to believe that such offence was being or likely to be committed and he had exercised due care in the prevention of the commission of such an offence. 69. What things are liable to confiscation- (1) Whenever an offence punishable under this Act has been committed (a) every excisable article in respect of which such offence has been committed. (b) every still, utensil, implement or apparatus and all materials by means of which such offence has been committed, (c) every excisable article lawfully imported transported, manufactured held in possession or sold alongwith or in addition to any excisable article liable to confiscation under clause (a), (d), every receptacle, package or covering in which any article as aforesaid or any materials, still, utensil, implement or apparatus is or are found together with the other contents --(if any) of such receptacle or package, and (e) every animal, cart, vessel, raft or other conveyance used in carrying such receptacle or package, shall be liable to confiscation. (2) When in the trial of any offence punis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer authorised by the State Government in this behalf that he had no reason to believe that such offence was being or likely to be committed and he had exercised due care in the prevention of the commission of such an offence, the Excise Commissioner or the officer authorised by the State Government in this behalf, may not confiscate the said means of conveyance. Provided further that where such means of conveyance is owned by the Central Government or any State Government or any of their undertaking, no order of confiscation of-such means of conveyance shall be passed by the Excise Commissioner or the officer authorised by the State Government in this behalf and the matter shall be referred to the State Government by the Excise Commissioner or the officer authorised by the State Government -in this behalf, for making such orders regarding means of conveyance as the State Government may deem fit. Provided also that before ordering confiscation under this, sub-section the owner of the means of conveyance, referred to in clause (e) of sub-sec. (1), may be given an option to pay in lieu of confiscation, a fine not exceeding the market price of such means of conveyance. (5) Any pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 9B of the Act which was introduced in the Gazette Notification dated 31.7.1998 reads as follows: "Bar of jurisdiction of civil courts; No Civil Court shall have jurisdiction to entertain any suit or proceeding to set aside or modify; (a) any original order passed by any of the officer competent to do so under the provisions of this Act; (b) any order passed under or referred to in Section 9A." Article 254 of the Constitution reads as follows: "(1) If any provision of a law made by the legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any,; provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the Provisions of clause (2),the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy be void. (2) Where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ident made Sections 57-A and 57-B valid. The Gazette Notification of the Amendment Act has been placed before us which shows that the President has given his assent to the Amendment Act on 1-12-1984. Therefore, by operation of proviso to clause (2) of Article 254, the Amendment Act prevails over the relevant provisions in the Indian Evidence Act, IPC and the Code in relation to the State of Kerala." 11. This is a complete answer to most of the submissions made by the appellants. 12. In State of Karnataka v. K. Krishnan (2000(7) SCC 80) this court while considering a case of forest offence under the Karnataka Forest Act, 1963, observed that the provisions of the Act should be strictly complied with and generally the seized forest produce and the vehicle, boat, tools etc. used in commission of forest offence should not be released and even if the Court is allowed to release the same, the authorized officer must specify reasons therefor and must insist on furnishing of bank guarantee as the minimum condition. In that case the forest produce was transported in violation of the provisions of the Act. The High Court had modified the conditions regarding bank guarantee stipulated by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elease for sale etc., so that the same becomes available to the consumer public. It was further held: "No unqualified and unrestricted power has been conferred on the Collector of releasing the commodity in the sense of returning it to the owner or person from whom it was seized even before the proceeding for confiscation stood completed and before the termination of the prosecution in acquittal of the offender. Such a view would render clause (b) of Section 7(1) totally nugatory and would completely defeat the purpose and object of the Act. The view that the Act itself contemplates a situation which would render Section 7(1)(b) otiose where the essential commodity is disposed of by the Collector under Section 6A(2) is misconceived. Section 6A does not empower the Collector to give an option to pay, in lieu of confiscation of essential commodity a fine not exceeding the market value of the commodity on the date of seizure, as in the case of any animal, vehicle, vessel or other conveyance seized along with the essential commodity. Only a limited power of sale of the commodity in the manner prescribed by Section 6A the essential commodity has to be exercised in public interest for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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