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In Re: Ponnusawmy Pillay - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.79
AppellantIn Re: Ponnusawmy Pillay
Excerpt:
abkari act, (madras, i of 1886), section 29(n) - power to order confiscated article to be sold or destroyed--power of court to direct the mode of sale--criminal procedure code (act v of 1898), section 517. - order1. the rule referred to in the letter of the district magistrate is made under the power conferred by section 29(n) of the abkari act of 1886 and is within the powers conferred by that section.2. under this rule the magistrate who adjudged the confiscation has power to direct that the confiscated article may be sold or destroyed.3. we are of opinion that the sale may reasonably be construed as not only authorising the magistrate to direct the sale of the article, but as also authorising him to give directions as to the mode of sale.4. the order of the magistrate in the case referred to us purports to have been made under section 517 of the code of criminal procedure. we do not think the order can be supported as an order under the powers conferred by that section.
Judgment:
ORDER

1. The rule referred to in the letter of the District Magistrate is made under the power conferred by Section 29(n) of the Abkari Act of 1886 and is within the powers conferred by that section.

2. Under this rule the Magistrate who adjudged the confiscation has power to direct that the confiscated article may be sold or destroyed.

3. We are of opinion that the sale may reasonably be construed as not only authorising the Magistrate to direct the sale of the article, but as also authorising him to give directions as to the mode of sale.

4. The order of the Magistrate in the case referred to us purports to have been made under Section 517 of the Code of Criminal Procedure. We do not think the order can be supported as an order under the powers conferred by that section.


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