STATE OF M.P. Vs. JAFAR

JUDGEMENT

(1.) This criminal revision under Sec. 397 of the Code of Criminal Procedure, 1973 has been preferred by State of M.P. being aggrieved by the order dated 257.05.2023 passed by the learned First Additional Sessions Judge, Khargone, District Mandleshwar in Criminal Revision No. 02/2023, whereby the seeking interim custody of Bolero pick up bearing registration No. MP-10-G-3380 has been handed over to the respondent on supurdginama.

(2.) Counsel for the State submitted that the learned trial Court has committed grave error of law by handing over the vehicle to the respondent on supurdginama, without considering the fact that confiscation proceedings were already commenced under the M.P. Excise Act 1915 (hereinafter referred as.." the Act "). It is further submitted that a letter dtd. 14/11/2022 already been written from the Office of Superintendent of Police Khargone, to Collector Khargone regarding initiation of confiscation proceedings. Hence counsel prays for setting aside the impugned order.

(3.) I have heard the contention of counsel for the State and perused the record.