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        2001 (1) TMI 1028 - SC - Indian Laws

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        Third-party attachment claims under TADA were treated as interlocutory, barring appeal and preserving civil suit remedies. An order passed by a Designated Court under the attachment and claim provisions of TADA, read with Section 84 CrPC, was treated as interlocutory where it ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Third-party attachment claims under TADA were treated as interlocutory, barring appeal and preserving civil suit remedies.

                              An order passed by a Designated Court under the attachment and claim provisions of TADA, read with Section 84 CrPC, was treated as interlocutory where it affected third-party claimants but did not finally determine their civil rights. Because a separate civil suit remedy remained available to a claimant whose objection was rejected, the order regulated only an intermediate matter and fell within the appeal bar in Section 19. A broader reading would risk parallel proceedings and inconsistent decisions. The consequence was that the appeal was not maintainable and the claimants were left to pursue civil court remedies.




                              Issues: Whether an order passed by the Designated Court under Section 8 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 read with Section 84 of the Code of Criminal Procedure, 1973, insofar as it affects third party claimants, is an interlocutory order so as to bar an appeal under Section 19 of the Act.

                              Analysis: The statutory scheme treated claims by persons other than the proclaimed offender differently from the position of the prosecution and the State. The order made on attachment and claims under Section 84 of the Code did not finally adjudicate the civil rights of third party claimants, because the Act and the Code preserved a separate civil suit remedy for a claimant whose objection was disallowed. The expression "interlocutory order" in Section 19 was therefore construed to cover such orders, since they only regulated an intervening matter and did not finally determine the rights in dispute. A contrary construction would create multiple proceedings and conflicting decisions.

                              Conclusion: The impugned order was an interlocutory order so far as the appellants were concerned, and the appeal under Section 19 was not maintainable.

                              Final Conclusion: The appeals failed at the threshold and stood dismissed, leaving the claimants to pursue the remedy available in civil court.

                              Ratio Decidendi: An order affecting a third party claimant under the attachment and claim provisions of the special statute, where a civil suit remedy remains available and the rights are not finally determined, is an interlocutory order and is not appealable under the provision conferring appeal only against non-interlocutory orders.


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                              ActsIncome Tax
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