PARSHUBHAI Vs. STATE OF MP

JUDGEMENT

(1.) By this petition u/S.482 of the Cr.P.C. the petitioner Parshubhai has challenged the dismissal of the application filed by the petitioner u/S.451 of the Cr.P.C by the learned Additional Sessions Judge, Jobat, District Alirajpur in criminal revision No.29/2013.

(2.) Briefly stated the facts of the case are that on 06.12.2012 at 3:20 pm the SHO of police station Chandrashekhar Azad Nagar, Alirajpur upon information had stopped a jeep bearing Registration No.GJ20 -A -2852 from Mahindra Kothar travelling towards Gujarat and seized 45 boxes containing illicit liquor. The petitioner has preferred the application U/s.451 of the Cr.P.C. before the Trial Court being an owner of the jeep for its supurdagi. The application was however rejected by the trial Court; being aggrieved the petitioner had filed a revision before the Revisional Court and the Revisional Court had also upheld the dismissal and hence the present petition u/S.482 of the Cr.P.C.

(3.) Counsel for the respondent/State has pointed out that the vehicle has been confiscated u/S.46 of the Excise Act and there is bar by u/S.47 -D of M.P. Excise Act. He however candidly admitted that the same application could be moved before the confiscating authority i.e. District Magistrate and it would be considered in accordance with the provisions of law.