Raiess Ahmed
in Commercial Law Administrative Law
Asked June 17, 2017

Release of seized vehicle in J&K

  • 1 Answer
  • 794 Views

Sir our vehicles has been siezed under section 48(a) excise act in jammu kashmir, I want to know who is authorised to release the vehicle,

Answer 1

In the case of  S. Kareemulla and Ors. V. Prohibition and excise Sub-inspector, Nandyal and Ors.[1]  if your vehicle is seized under the Excise Act, it must have been produced before the Magistrate in whose jurisdiction it was seized. You can file an application under Section 451 of Code of Criminal Procedure, 1973 for release of the vehicle and it will be disposed off accordingly. You can also approach the Excise authorities for such a remedy for interim custody of the vehicle, if the Magistrates in Criminal Courts are unable to pass any order for any reason, however the rule shall be to approach the Courts first. However, you cannot seek both the remedies together and if you are seeking one you will be debarred from seeking another

 

[1] 1996 (1) ALD Cri 943

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