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2017 (5) TMI 1820 - SC - Indian LawsRelease the confiscated vehicle during the pendency of the main criminal case - whether confiscatory proceedings are independent of the main criminal proceedings or not - Confiscation permissible unless the guilt of the Accused is completely established? - HELD THAT:- It is apparent that Section 15 gives independent power to the concerned authority to confiscate the articles even before the guilt is completely established. This power can be exercised by the concerned officer if he is satisfied that the said objects were utilized during the commission of a forest offence. A protection is provided for the owners of the vehicles/articles, if they are able to prove that they took all reasonable care and precautions as envisaged under Sub-section (5) of Section 15 of the Adhiniyam and the said offence was committed without their knowledge or connivance. Criminal prosecution is distinct from confiscation proceedings. The two proceedings are different and parallel, each having a distinct purpose. The object of confiscation proceeding is to enable speedy and effective adjudication with regard to confiscation of the produce and the means used for committing the offence while the object of the prosecution is to punish the offender. The scheme Adhiniyam prescribes an independent procedure for confiscation. The intention of prescribing separate proceedings is to provide a deterrent mechanism and to stop further misuse of the vehicle. The confiscatory proceedings are independent of the main criminal proceedings - High Court as well as the revisional court erred in coming to a conclusion that the confiscation under the law was not permissible unless the guilt of the Accused is completely established. Judgement of High Court set aside - Appeal allowed.
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