SURESH R DAVE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed against the order dated 26-10-2002 passed by Addl. Sessions Judge, Mhow District Indore in Cr. Revn. No. 619/2002 arising out of the order dated 4-10-2002 passed by the learned Judicial Magistrate First Class, Mhow in Cr. Case No. 277/2002 whereby dismissing the application of the applicant filed under Ss. 451/457 of the Code of Criminal Procedure for grant of Tata Sumo bearing Registration No. MP-09-S-5511 on interim custody of the applicant, he being a registered owner of the vehicle.

(2.) The application of the applicant has been dismissed by both the Courts below on the ground that as per provisions under S. 47(d) of the M.P. Excise Act, 2000 (hereinafter referred to as the Act) the Criminal Court has no jurisdiction to release the vehicle on interim custody because, the District Magistrate has already initiated the proceedings against the applicant for confiscation of the vehicle and other seized property as per provision under S. 47 of the Act.

(3.) The contention of the learned counsel for the applicant is that uptill now as per provision under S. 47-D of the Act, the Criminal Court has not been intimated by the District Magistrate for initiation of any confiscation proceedings regarding the seized Tata Sumo. Therefore, the Criminal Court has jurisdiction to release the vehicle on Supurdginama. This vehicle was seized on 11-9-2002 and is lying in open ground. The same is deteriorating day-by-day. Therefore, the Criminal Court has jurisdiction to release the vehicle on Supurdginama. Learned counsel also submitted that uptill now the applicant has not received any show cause notice as per provision under S. 47-A of the Act from the office of the District Magistrate/Collector regarding confiscation proceedings. He also submitted that several times the applicant approached the office of the District Magistrate, but he has not received any reply or document for the purpose of initiation of proceedings for confiscation.