VIJAY Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this petition under Article 227 of Constitution of India, challenging order dtd. 5/8/2022 passed by Additional District Magistrate, Betul i.e. respondent no.3.

(2.) Respondent no.3 has initiated proceedings for confiscating of Scooty vehicle bearing no.MP-MV-3221 owned by Vijay, Son of Ravi. Petitioner was proceeded exparte as he did not appear after service of notice. District Magistrate found that vehicle in question was used in transportation of 50 bulk litres of country made liquor without any licence or permit. In said circumstances vehicle was confiscated in favour of State Government.

(3.) Learned counsel for the petitioner has challenged impugned order on ground that vehicle in question, at the time of seizure was being driven by Mohit Mandal i.e. neighbour of petitioner. It is submitted that petitioner is not accused in the case, therefore, his vehicle cannot be confiscated. In these circumstances, prayer is made for setting aside impugned order. Learned counsel for the petitioner relied on judgment passed by Apex Court in the case of State of M.P. vs. Madhukar Rao, (2008) 14 SCC 624 . On strength of aforesaid judgment, it was argued that Magistrate cannot pass an order of confiscation until case has been finally decided by Magistrate.