Letters Patent appeal not maintainable where the Single Judge acted in criminal jurisdiction arising from pending criminal proceedings.

An appeal under Clause 10 of the Letters Patent was held not maintainable where the Single Judge's order arose in proceedings under Section 482 CrPC connected with pending criminal law proceedings concerning seizure and proposed confiscation of a vehicle under the Customs Act. The governing test was the character of the proceedings: because the petition related to criminal proceedings and the relief sought was in the exercise of criminal jurisdiction, the matter was treated as criminal in nature. The distinction drawn from decisions involving writ petitions under Article 226 was held inapplicable, and the appeal failed on maintainability.

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Issues: Whether the appeal under Clause 10 of the Letters Patent was maintainable against an order passed by the Single Judge in proceedings under Section 482 of the Code of Criminal Procedure, 1973 arising from criminal law proceedings concerning seizure and proposed confiscation of a vehicle under the Customs Act, 1962.

Analysis: The governing test was whether the proceedings before the Single Judge were criminal in nature. The Court applied the principle that the character of proceedings depends on the nature of the right involved and the relief sought, and noted that where criminal proceedings are pending and the petition is connected with those proceedings, the jurisdiction exercised is criminal jurisdiction. Since the underlying matter arose from criminal law proceedings and the Single Judge dealt with the challenge under Section 482 of the Code of Criminal Procedure, 1973, the proceedings were treated as falling within criminal jurisdiction. The distinction drawn from cases concerning writ petitions under Article 226 was held to be inapplicable.

Conclusion: The appeal under Clause 10 of the Letters Patent was not maintainable.

Ratio Decidendi: An appeal under Clause 10 of the Letters Patent is not maintainable from an order passed by a Single Judge in proceedings that are criminal in nature and arise from pending criminal proceedings.

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