RAHUL GAYARI Vs. STATE OF M. P.

JUDGEMENT

(1.) The petitioner has preferred present petition under Sec. 482 of Cr.P.C. being aggrieved by the impugned order dtd. 27/07/2021 passed by the II Additional Sessions Judge, Jaora, District Ratlam in Criminal Revision No.17/2021, which was arose out of impugned order dtd. 30/06/2021 passed by Judicial Magistrate First Class, Jaora, District Ratlam in an unregistered Criminal Case No.0/2021, whereby an application preferred under Sec. 451 and 457 of the Code of Criminal Procedure, 1973 for releasing the seized vehicle i.e. Maruti Suzuki Car bearing registration number MP-09-WH-3443 has been dismissed.

(2.) The facts of the case in brief are that on 28/04/2021 the police got a discrete information from the informant, on the basis of which police intercepted a car bearing registration number MP-09- WH-3443 and recovered 157.32 bulk litres liquor from the said vehicle. Accordingly, offence under Sec. 34(2) of the M.P. Excise Act has been registered against the accused person.

(3.) The petitioner, who is the owner of the alleged vehicle has filed an application under Sec. 451 and 457 of the Cr.P.C. before the JMFC, Jaora for releasing the said vehicle on interim custody. After hearing both the parties, JMFC has dismissed the application by observing that seized vehicle is the subject matter of offence. Superintendent of Police has written a letter to the Assistant Commissioner (Excise), Ratlam regarding initiation of confiscation proceedings, therefore, the seized vehicle cannot be released on interim custody. The petitioner has preferred a revision against the order of JMFC, Jaora before the II Additional Sessions Judge, Jaora and the revisional Court has also dismissed the revision affirming the order passed by the JMFC vide order dtd. 27/07/2021, therefore, petitioner has preferred present petition.