HAJARI KACHWAHA Vs. STATE OF C. G.

JUDGEMENT

(1.) The Instant petition is against the order dated 11/08/2017 passed in Criminal Revision No. 74/2016 by the learned Additional Sessions Judge, Bilaspur in J.M.F.C. Bilaspur whereby the order passed by the JMFC dated 13.05.2016 rejecting the prayer for handing over the custody of the vehicle was affirmed.

(2.) As per the prosecution case on 10.05.2016, the vehicle bearing registration No. C.G.10-C/3958 i.e., an Auto was intercepted by the police and on searching the vehicle, 3 cartoons of liquor total admeasuring 24 bulk liters was found in the back side of the vehicle, which was being transported. Thereafter it was found that the petitioner is owner of the vehicle as it was registered in the name of Petitioner and the confiscation proceedings were proposed to be initiated. Subsequently an application for handing over the custody of vehicle was filed which was dismissed on the ground that the confiscation proceedings were contemplated in this case which was found by the learned court below.

(3.) Learned counsel for the petitioner would submit that the order would reflect that the only confiscation proceedings are contemplated which do not put a bar to release the vehicle on interim custody. He placed a reliance in case of General Insurance Council and others v. State of Andhra Pradesh and others (2010) 6 SCC 768 wherein the earlier principles laid down in Sunderhhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283 was reiterated and submits that in that case applying the said principle it is directed that the vehicle be released in favour of petitioner by way of interim measure if the confiscation proceedings have not been concluded till date of production of this order. Therefore, he prays that the order rejecting the application for interim custody cannot be allowed to sustain.