KARANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition is filed under Sec. 482 of the Code of Criminal Procedure, being aggrieved by the order dtd. 1/3/2023 passed by the Ist ASJ, Rajgarh, District - Rajgarh(M.P.) in Criminal Revision No.21/2023 arising out of the order dtd. 2/2/2023 passed by Judicial Magistrate, Rajgarh in criminal case No.174/2023 arising out of crime No. 17/2023 registered at P.S. - Biaora Dehat, District - Rajgarh (M.P.) whereby the Courts below rejected the application filed by the petitioner under Sec. 451 of Cr.P.C for interim custody of the vehicle No. MP-45-H-0341.

(2.) The facts of the case are that the petitioner is a registered owner of mini truck bearing registration No.MP-45-H-0341. The petitioner entered into an agreement on 10/10/2022 for rent of the aforesaid vehicle to the respondent No. 2 namely Bhaskar Hihor and against whom the aforesaid case is registered by the respondent No.1. On secret information received on 18/1/2023, the respondent No. 2 was arrested by the respondent No. 1 and it is alleged that the respondent No. 2 was carrying 725.76 bulk litre of foreign liquor in the said vehicle without possessing any valid permit/license. The vehicle was seized on the spot. After completion of the investigation, charge-sheet has been filed on 21/2/2023. The petitioner being owner of the said vehicle filed an application for interim custody of the aforesaid vehicle before the Trial Court which was rejected by order dtd. 2/2/2023. The petitioner filed a Revision Petition against the said order. The said Revision has also been dismissed by impugned order dtd. 1/3/2023. Being aggrieved by the aforesaid the petitioner has invoked the jurisdiction under Sec. 482 of the Code of Criminal Procedure.

(3.) Counsel for the applicant submits that the Trial Court has rejected the application under Sec. 451 of Cr.P.C read with Sec. 457 of Cr.P.C. considering the bar under Sec. 47(D) of the M.P. Excise Act (in short referred to as "the Act"). It is submitted that the application for interim custody of the vehicle was filed on 25/1/2023. The arguments were heard on 28/1/2023 and on the same day the Trial Court issued a letter to the District Magistrate/Collector, Rajgarh seeking an information regarding initiation of confiscation proceedings and by letter dtd. 2/2/2023, the Collector informed the Court that the proceedings for confiscation have been initiated. He has drawn attention of this Court to Annexure P-6 dtd. 28/1/2023 and Annexure P-7 dtd. 2/2/2023. It is argued that on the date of application, there was no communication by the Collector, Rajgarh regarding initiation of proceedings of confiscation of seized property under Sec. 47(A)(2) of the Act and, therefore, the bar under Sec. 47(D) of the Act would not apply. In support of his submissions, he has placed reliance on the judgment of a co-ordinate Bench of this Court dtd. 29/4/2022 in the case of Kishore Vs. State of M.P. passed in M.Cr.C No. 32547/2019 and also order passed by this Court dtd. 17/3/2023 in the case of Narendra Vs. State of M.P. passed in M.Cr.C no.37250/2022 whereby it has been held that if there is no communication received about initiation of the proceedings of confiscation on the date of application, the bar under Sec. 47(A) of the Act would not apply.