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1989 DIGILAW 408 (KAR)

M. J. TORGAL v. STATE OF KARNATAKA

1989-11-17

K.A.SWAMI

body1989
SWAMI, J. ( 1 ) SRI t. r. subbanna, learned high court government Advocate is directed to take notice for respondents. Copies of the petition with annexures be furnished to him. ( 2 ) AS this petition can be disposed ofreserving liberty to the petitioner to challenge the order in question by way of criminal revision petition under Section 401 of the Code of Criminal Procedure, the petition is heard for final disposal. ( 3 ) IN this petition under articles 226 and227 of the constitution, the petitioner has sought for quashing the order dated 15-7-1989 bearing No. Exe. cr. No. 5/1989 Annexure-E passed by the authorised officer and the superintendent of excise, bijapur district, bijapur, confiscating the vehicle bearing No. Cnj 6110 and 264. 240 litres of i. m. l. seized by the c. p. i, jamkhandi vide excise cr. No. 5/89 dated 15-7-1989 under Section 43a (2) of Karnataka excise (second amendment) art 1987 ( 4 ) THE petitioner has also challenged theorder dated 27th october, 1989 passed by the sessions judge in criminal appeal No. 66/1989. That was the appeal preferred against the aforesaid Order, confiscating the vehicle in question. The learned sessions judge has confirmed the order of the authorised officer. The appeal is provided against the order of the authorised officer under Section 43e of the Karnataka Excise Act, 1965 as amended by the Karnataka Act No. 36/1987 (hereinafter referred to as the 'act' ). It reads thus:"any person aggrieved by an order passed under Section 43a, 43c, or 43d may, within thirty days from the date of communication to him of such Order, appeal to the sessions judge having jurisdiction over the area in which the property to which such order relates has been seized and the sessions judge shall after giving an opportunity to the appellant to be heard pass such orders as he deems fit and such order shall be final. " ( 5 ) THE jurisdiction of appeal conferredon the sessions judge under Section 43e of the act is not as persona designata but as a court. This is clear from the fact that the jurisdiction is conferred with reference to the area over which the jurisdiction of the sessions judge extends. " ( 5 ) THE jurisdiction of appeal conferredon the sessions judge under Section 43e of the act is not as persona designata but as a court. This is clear from the fact that the jurisdiction is conferred with reference to the area over which the jurisdiction of the sessions judge extends. The territorial limits of a sessions judge is limited to or extends over the area over which the jurisdiction of a sessions court, to which he is appointed, ex tends. Therefore, in effect under Section 43e of the Act, the jurisdiction is conferred on the court of sessions. The words "such order shall be final" occurring in Section 43e of the act cannot have the effect of controlling or excluding the power of revision by the high court under Section 401 r/w Section 397 Cr. P. C. the power of revision of the high court extends to the proceedings before any inferior criminal court situated within the jurisdiction of the high court. Therefore, the order passed by the sessions judge under Section 43e of the act is revisable by the high court in exercise of its power of revision under the Code of Criminal Procedure. That being so, it is not necessary to exercise the jurisdiction under article 226 or 227 of the constitution. Ac cordingly, all the contentions raised by the petitioner are left open to enable him to agitate the same in a criminal revision peti tion. Certified copies produced by the petitioner be returned to him to enable him to challenge the order by way of criminal revision petition. ( 6 ) THE petition is disposed of accordingly. --- *** --- .