PREMVATI PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has preferred the present petition under Section 482 of Cr.P.C of the Cr.P.C to quash the order dated 24.6.2013 passed by the Collector, Sidhi in Criminal Case No.139/B-121/2012-13 whereby the vehicle MP-53 G.A 1972 was directed to be confiscated. The petitioner has also challenged the order dated 30.8.2013 passed by the Additional Sessions Judge, Sidhi in Criminal Appeal No.75/2013 whereby, the appeal filed by the petitioner was dismissed and order dated 24.6.2013 passed by the Collector, Sidhi was confirmed.

(2.) The facts of the case in short are that, on 2.3.2013, an inspection was made and it was found that by truck No.MP-53 G.A 1972, 95 bags of wheat i.e. 47.50 quintal wheat was being transported. Wheat was loaded from Warehouse, Sidhi and vehicle was driven by Sitaram Kori. The driver informed that, he was directed to take the wheat from Warehouse, Sidhi to Ration Shops of Kochila and Barambaba but, no such documents were found with him to transport such wheat. The In-charge, District Supply Officer, Sidhi made a complaint to the Collector, Sidhi. After seizure of the truck and wheat thereafter, notices were issued to the petitioner as well as the Lead Manager of Co-operative Society, Jamodi. A show cause notice was also issued to the driver Sitaram Kori.

(3.) After hearing the parties, the Collector, Sidhi vide order dated 24.6.2013, directed to confiscate the vehicle used for the illegal transportation. The appeal filed by the petitioner before the learned Additional Sessions Judge was dismissed.