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6 SUDG./Cri. Appl.No. 94/2019 alongwith the said appeal. These documents shows the name of appellant Henrita Derik Waz as a owner. Moreso, whether the employees and owner of the Kingfisher Barge were involved in any illegal transportation of essential commodity or not is a matter of merit and it will be decided after concluding tial. At present, it is not just and proper to keep it in a deep sea without attaining. Its value will deteriorated if it is lying in a sea for months or years together till the conclusion of its trial. Irreparable loss can be caused to its owner if it sold out in auction as per the order of Collector which cannot be compensated by any means. 3%. In the citation of 1982 EFR 558 (559):1982 UP Cri. Rul, 199(Allahabad) it is held by Hon'ble Appex Court that, "appellate court has power to confirm, modify or annul the order of confiscation. Therefore, modification of order of confiscation of Sault bags by appellate court would not be illegal”. In view of this observation of Hon'ble Appex Court, this appellate court has power to modify the order of confiscation of Collector in the said appeal also. 12, In view of say of concerned 10 seizure panchanamas were prepared. Police have shown the value of the said barge as Rs.2,50,00,000/-. Now keeping idle Kingfisher Barge in a deep sea will not suffice any purpose rather its value will be deteriorated. The apprehension of state that, the said barge is likely to be misused or dispose of, can be taken care by wt

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