Supreme Court of India · 1954-03-11
SULEMAN ISSA vs THE STATE OF BOMBAY.
- Citation / case number
- SC 1951/12
- Court
- Supreme Court of India
- Petitioner
- SULEMAN ISSA
- Respondent
- THE STATE OF BOMBAY.
- Bench
- MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM
Judgment text excerpt
The Supreme Court ruled that under Section 517 of the Criminal Procedure Code, the court has the authority to order the disposal of property related to an offence, but it is not mandatory to confiscate property in every case. The court found the confiscation of gold worth approximately 3 lakhs inappropriate, as the prosecution's claim that the gold was smuggled was not accepted, and the conviction was under Section 61-E of the Bombay District Police Act, 1890, which does not provide for confiscation. The court held that the circumstances did not warrant such a severe penalty.