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1998 DIGILAW 118 (MP)

State of M. P. v. Dular Singh

1998-02-10

N.K.JAIN

body1998
JUDGMENT This is State's revision u/s. 397/401 Cr.P.C. directed against the Order dated 4.7.92 passed in Cr. Revision No. 61/92 by the Addl. Sessions Judge, Indore, setting aside the order of confiscation of a seized vehicle passed by the District Forest Officer, Indore, u/s 15 of the M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969, and affirmed in appeal by the Conservator of Forest u/S. 15-A of the Adhiniyam. Having heard learned counsel for the parties, this revision, in my considered judgment, must fail on the short ground of tenability. The order impugned is passed in revision u/S. 15-B of the Adhiniyam. Sub-sec. (5) of Sec. 15-B reads as follows: 15-B. Revision before Court of Sessions against order of Appellate Authority- (5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (No.2 of 1974) the order of the Court of Sessions passed under this section shall be final and shall not be called in question before any Court. It will be thus seen that the law attaches finality to the order passed)n revision u/S. 15- B of the Adhiniyam and any proceeding to challenge such an order under the Cr.P. Code, 1973 is clearly barred. Non-obstante clause used in sub-sec. (5) clearly gives this provision an over-riding effect over the provisions of Criminal Procedure Code. No resort to Sec. 397 or 482 Cr.P.C. can, therefore, be had to challenge the order impugned. Probably the only remedy available to the petitioner - State was to resort to the supervisory jurisdiction of this Court under Art. 227 of the Constitution of India. The present revision is clearly not maintainable. The revision thus fails and is dismissed.