RAMLAL JHARIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The case in W.P. No. 11356/2024 and bunch of connected cases relate to the question of confiscation of vehicles during the pendency of the criminal trial under M.P. Excise Act 1915 where the vehicle owner may or may not be the accused in criminal case, whereas the case in W.P. No. 23359/2024 relates to same question of confiscation during pendency of the trial under the provisions of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 during pendency of criminal trial. Since analogous questions arise for consideration in both these batches of matters, they are being taken up and decided by this common order.

(2.) In W.P. No. 11356/2024, the following questions have been referred for adjudication to larger Bench of this Court vide order dtd. 6/5/2024 passed by the a Single Bench. The questions referred are as under:-

(3.) W.P. 6542/2025 which is part of the same batch of petitions relating to M.P. Excise Act, 1915, in the said petition challenge is made to Constitutional validity of Sec. 47-A of M.P. Excise Act, 1915 and has been heard analogously with this batch of petitions, as similar issues require to be considered and adjudicated.