Vehicle Attached Under BUDS Act Can Be Auctioned Before Trial, Priority Is To Distribute Proceeds Among Victims Of Offense: Kerala High Court
5 months ago

Vehicle Attached Under BUDS Act Can Be Auctioned Before Trial, Priority Is To Distribute Proceeds Among Victims Of Offense: Kerala High Court

Live Law  

The Kerala High Court held that to auction a vehicle attached under Banning of Unregulated Deposit Schemes Act, the competent authorities need not wait till the end of the trial. The Court held that the scheme of BUDS Act is to give priority to realise assets in the custody of accused and distribute the proceeds among the victim of the offence. The Court also observed that there are reasonable grounds to assume that the accused bought the vehicle using the proceeds of the offence alleged. The Additional Sessions Court had dismissed the application of the State for the permission to sell the vehicle saying that the sale will prejudice the accused.

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History of this topic

Kerala Abkari Act | Rented Vehicle Put To Illegal Use Without Owner's Knowledge Or Active Involvement Ought To Not Be Confiscated: High Court
1 year, 2 months ago

Kerala Abkari Act | Rented Vehicle Put To Illegal Use Without Owner's Knowledge Or Active Involvement Ought To Not Be Confiscated: High Court

Live Law  

The Kerala High Court has laid down that a vehicle which was taken on rental basis, and which was subsequently put to use for illegal purposes, cannot be confiscated when the registered owner of the vehicle had no knowledge of the offence, nor had any active involvement in such act. Once it is indicated from the materials furnished by the …

When Drug Was Recovered On Driver's Body Search, It Can't Be Held That Vehicle Was Used For Conveying Contraband : Kerala High Court
2 years ago

When Drug Was Recovered On Driver's Body Search, It Can't Be Held That Vehicle Was Used For Conveying Contraband : Kerala High Court

Live Law  

The Kerala High Court Monday considered the legal question that whether in a case of recovery of contraband on driver's body search, it would be fair to hold that the vehicle also had been used for the purpose of conveying the contraband.Justice A. Badharudeen said when contraband is recovered on search of a person, who is driving the vehicle alone, …

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