LAWS(MPH)-2020-10-158

RAKESH Vs. STATE OF MP

Decided On October 20, 2020
RAKESH Appellant
V/S
STATE OF MP Respondents

JUDGEMENT

(1.) Submissions were made on this application filed under Section 482 of Cr.P.C. challenging the order dated 07.08.2020 passed in Criminal Revision No.20/2020 by the 2nd Additional Sessions Judge, Jaora, District Ratlam, which was an order passed under revisional jurisdiction by which the order passed by the JMFC, Jaora, District Ratam in Criminal Complaint No.443/2020 dated 13.07.2020 was affirmed.

(2.) Precisely speaking, facts of the case reveal that on 07.04.2020, a Maruti Swift Dzire bearing registration No.MP13-CC-6409 was seized while carrying illicit liquor. A supurdginama application was filed on behalf of owner of the vehicle. The Trial Court vide order dated 13.07.2020 rejected the application of supurdginama on the ground that the Collector (Excise), District Ratlam vide letter dated 22.05.2020 had sent an intimation to the Court regarding initiation of confiscation proceedings of the vehicle as per provisions of Section 47-A (2) of the M. P. Excise Act, 1915 (in short 'the Act, 1915) in Crime No.55/2020.

(3.) This order was challenged in the revision and the Revisional Court vide impugned order dated 07.08.2020 affirmed the order of the Trial Court observing that once the Collector has intimated the Court regarding initiation of confiscation proceedings, then the aforesaid vehicle could not have been given in interim custody under Section 47-D of the Act, 1915.