State of U.P. Vs. Vishnu Dayal & Others
EmailAppeal: Criminal Appeal No. 660 of 2000
(Arising out of S.L.P. (Criminal) No. 2389 of 2000)
(Arising out of S.L.P. (Criminal) No. 2389 of 2000)
Petitioner: State of U.P.
Respondent: Vishnu Dayal & Others
Apeal: Criminal Appeal No. 660 of 2000
(Arising out of S.L.P. (Criminal) No. 2389 of 2000)
(Arising out of S.L.P. (Criminal) No. 2389 of 2000)
Judges: K.T. THOMAS & R.P. SETHI, JJ.
Date of Judgment: Nov 08, 2000
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973
Section 451 – Restoration of confiscated goods – Special Judge directing restoration on payment of price at the rate of Rs. 547/- per quintal – No payment made after orders. Held that either interest @ 19.75% on the amount or the market price, with interest whichever is less, be paid for restoration. Appeal disposed of with modification.
(Para 5)
JUDGEMENT:
ORDER
1. Issue notice.
2. Mr. P.K. Chakravarty, Advocate, enters appearance for respondent nos. 1 to 4.
3. Leave granted.
4. Heard both sides.
5. Learned Special Judge, while disposing of the matter, permitted the Haryana Trading Company (of which respondents are partners) to pay the price at the rate of Rs. 547/- per quintal and on such payment, the Government was to restore the rice to the respondents. Since the amount was not paid on any day after 17.8.1995 (the date of the order passed by the Special Judge), they have either to pay the interest on that amount at the rate of 19.75% or they should pay the market price (wholesale price) for restoration of the rice with interest, whichever is less. With the above modification this appeal is disposed of.
1. Issue notice.
2. Mr. P.K. Chakravarty, Advocate, enters appearance for respondent nos. 1 to 4.
3. Leave granted.
4. Heard both sides.
5. Learned Special Judge, while disposing of the matter, permitted the Haryana Trading Company (of which respondents are partners) to pay the price at the rate of Rs. 547/- per quintal and on such payment, the Government was to restore the rice to the respondents. Since the amount was not paid on any day after 17.8.1995 (the date of the order passed by the Special Judge), they have either to pay the interest on that amount at the rate of 19.75% or they should pay the market price (wholesale price) for restoration of the rice with interest, whichever is less. With the above modification this appeal is disposed of.
