SARDAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) By this petition under Section 482 of the Cr.P.C., petitioner Sardar Singh is aggrieved by order dated 12.05.2015 passed by the A.S.J., Agar, Distt. Shajapur in Criminal Revision No.60/15 whereby the revisional Court has upheld the order of the revisional Court passed by the JMFC, Agar.

(2.) Briefly stated the facts of the case are that the applicant Sardar Singh is a registered owner of the vehicle Pickup Force Motors Cargo King bearing registration No. MP-13-JA-2064. This vehicle was the subject matter of an offence under Section 34(2) of MP Excise Act and the vehicle was alleged to be carrying illicit liquor to the tune of 855 liters valued at Rs.1,90,000/- and being plied for illegal transport of the same, the applicant filed under Sections 451 & 457 of the Cr.P.C. before the JMFC, Agar for handing over the vehicle on supurdagi. The trial Court dismissed the application on 07.04.2015 and the criminal revision filed consequently was also dismissed by the order dated 12.05.2015 and hence the present petition.

(3.) Counsel for the respondent/State per contra has supported the orders of the Court below, stating that the trial Court as well as the revisional Court had categorically held that the vehicle was a subject matter of confiscation proceedings and, therefore, the Judicial Magistrate had no jurisdiction to release the vehicle. It was the Collector who would have the jurisdiction to consider the application under Section 47(d) of the Excise Act of 2000. The revisional Court relied on Prateek Parik v. State of M.P.,2010 2 MPJR 113 whereby it was held that the Judicial Magistrate cannot order the supurdagi under the Excise Act. Counsel prayed for rejection of the petition.