SURJEET SINGH Vs. STATE OF M P

JUDGEMENT

(1.) By this petition, under Section 397 read with Section 401 of the Code of Criminal Procedure, the applicant seeks to impugn the correctness, validity and propriety of the order dated 11-9-1996 passed in Criminal Appeal No. 91/ 96 by the learned Additional Sessions Judge, Jashpurnagar, confirming the judgment and order dated 27-3-1996 passed in Criminal Case No. 284/96 by the learned Additional Chief Judicial Magistrate, Jashpurnagar.

(2.) The facts reveal that on 25-3-1996, at about 8.45, one Harihar Sai was transporting forty-seven cartons of Beer illegally in a Jeep bearing registration No. MP 26F/0717. The challan was filed against the said accused and he pleaded guilty. The learned trial Judge on the plea of guilty, convicted the accused and imposed the sentence of fine of Rs. 2,000/-. The said order was passed on 27-3-1996. However, on 1-5-1996, an application was made by the Assistant District Prosecution officer to the court that proper orders be passed in relation to the contraband liquor. On the same date, the learned Additional Chief Judicial Magistrate allowed the application. It appears that while convicting the said Haribar Sai on 27-3-1996 the learned trial Court directed confiscation of the Jeep.

(3.) The applicant, who is the registered owner of said Jeep, being aggrieved by the said order, preferred criminal appeal No. 91/96, which was dismissed on 11-9-1996. Therefore, he has filed this revision petition.