Supreme Court of India · 2000-08-11
S.P., Forest Cell, Adyar & Anr. vs M/S. Kannans Co.
- Citation / case number
- AIRONLINE 2000 SC 301
- Court
- Supreme Court of India
- Petitioner
- S.P., Forest Cell, Adyar & Anr.
- Respondent
- M/S. Kannans Co.
- Author
- N. Santosh Hegde
- Bench
- N. Santosh Hegde
Judgment text excerpt
The Supreme Court held that the High Court erred in exercising its jurisdiction under Article 226 of the Constitution of India by deciding disputed questions of fact and taking property outside the reach of the Criminal Court. The Court emphasized that the proper recourse for custody of seized property, such as sandalwood, is under Section 451 of the Criminal Procedure Code, which empowers the criminal court to adjudicate on such matters. Consequently, the Court quashed the High Court's orders and allowed the appeal, directing the respondent to produce the seized goods before the Judicial Magistrate within three weeks.