STATE OF MADHYA PRADESH Vs. HASH VAHID KHAN

JUDGEMENT

(1.) This Criminal Revision has been filed by the State being crestfallen by the order of learned Sessions Judge, Dewas, dtd. 28/11/2019, passed in CRR No. 196/2019, whereby the learned Judge by allowing the revision against the order of Chief Judicial Magistrate, Dewas, passed the order of releasing of the vehicle Mahindra Bolero Pickup No. MP41/GA/1952 to interim custody of the respondent.

(2.) Facts of the case in brief are that the respondent is the registered owner of the aforesaid vehicle, filed an application before the learned Chief Judicial Magistrate that no intimation for confiscation of the aforesaid vehicle has been received, hence, the said vehicle which is involved for transporting 270 bulk liters of liquor is liable to be released. Learned Chief Judicial Magistrate has dismissed the application stating that the intimation for confiscation of the vehicle has been received on 30/9/2019. Earlier, the learned Sessions Judge relying upon the case of Suresh Dave Vs. State of MP 2003 (1) MPHT 439 remanded the matter back to learned Chief Judicial Magistrate with a direction to take into consideration the intimation dtd. 26/9/2019 sent by Collector to Chief Judicial Magistrate and pass a fresh order after giving due opportunity of hearing to all concerned. Even after this order, the learned Chief Judicial Magistrate after considering the intimation dtd. 30/9/2019, dismissed the application and thereafter released the vehicle.

(3.) Learned counsel for the applicant submitted that the order of learned Revisional Court is against law because the proceedings of confiscation was initiated by the Collector. The ordersheet dtd. 26/9/2019 has been filed before the Court. In spite of that learned Judge has passed the order to release the vehicle which is against the provision under Sec. 47-D of Excise Act. As such, the learned Sessions Judge has erred in allowing the revision.