9911796707
TMI Blog1995 (1) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... and before he could be examined in detail, under the pretext of answering the calls of nature, he escaped leaving primary goods seized from him. The next day on intelligence the same person was apprehended and interrogated. On investigation it was revealed that his real name was P. Vilasan. It was also ascertained that he came from Kasargod with the primary gold seized in this case for disposal at Coimbatore along with one Kunnikannan and since the broker through whom it is to be sold could not be contacted Kunnikannan returned to Kasargod. On further investigation the said Kunnikannan and broker Ravi were apprehended and their statements were recorded and it came to light that three persons - P. Vilasan, Kunnikannan and Ravi were involved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e primary gold seized in the case marked as M.Os 3 to 20 to the 2nd accused, who is the respondent herein. It is further contended that after investigation, show cause notice was issued to the accused person and thereafter in the adjudication proceedings the primary gold, viz., M.Os. 3 to 20 was ordered to be confiscated by the Deputy Collector of Central Excise and Customs, Coimbatore by order dated 15-4-1986 which has also been marked as Ex. P. 13 in the case. Thereafter, the primary gold M.Os. 3 to 20 became vested with the Central Government as confiscated articles. 2. It is the case of the petitioner that by virtue of adjudication proceedings, M.Os. 3 to 20 as has been confiscated and thereupon vested with the Central Government unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be invoked but in exceptional cases where it is a question touching the jurisdiction and that too, in exceptional cases when there are orders of confiscation which also vested the property with the Union of India. If any illegality has been committed and that has been brought to the notice of the court, such illegal act [is] always to be corrected. The fact of confiscation was brought to the notice of the court and in spite of it, the order was passed by the learned Magistrate. This constitutes an exceptional case questioning the jurisdiction. In such circumstances, this court can always exercise its jurisdiction under Section 482 Cr. P.C. and I disagree with the contention of the learned counsel for the respondent, wherever the code pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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