ANUJ KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Sec. 482 of the Cr.P.C. has been filed by the petitioner taking exception to the order dtd. 11/10/2023 passed by the trial court whereby application under Sec. 451, 457 of the Cr.P.C. preferred at the instance of the petitioner has been rejected.

(2.) It is the submission of learned counsel for petitioner that Truck of ownership of petitioner vide registration No.U.P.75/BT-7199 was seized by the police in Crime No.245/2023. Petitioner is the registered owner of the said vehicle. He had requisite ETP (Electronic Transit Pass) vide No.T 717 8662556 dtd. 5/10/2023. At the time of interception, he was having requisite ETP. Still it has been confiscated. Petitioner undertakes that if any penalty is contemplated and notice is received in this regard then he shall abide by the order of the authority concerned and would deposit the requisite penalty amount. In support of his submission, he placed reliance on the order of this Court in the case of Bhikhari Khan vs. State of M.P. reported in 2022 (1) MPWN 48.

(3.) Learned counsel for the State opposed the prayer and prayed for dismissal of the petition on the ground that Courts below have considered the material aspects in the controversy.