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