New Delhi : Can authorities confiscate a vehicle used in a crime before the guilt of the accused is completely established?
The Supreme Court says ‘yes’ in a Madhya Pradesh case of illegal transportation of teak wood, holding that confiscation and criminal proceedings serve different purposes. Additional sessions judge of Seoni in July 2013 quashed the seizure of a tractor and trolley by which the accused was allegedly transporting timber illegally and the Madhya Pradesh High Court upheld the order.
Release of the tractor and trolley was ordered on the ground that unless the guilt of the accused is proved, there cannot be any confiscation of the vehicle or the forest produce. The Supreme Court Bench of Justice N V Ramana and Prafulla C Pant, however, reversed the judgment on Monday, holding that the confiscatory proceedings are independent of the criminal proceedings.
