DIGVIJAY SINGH BHANDARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPLICANT has preferred this revision under Sections 397 and 401 of the Cr. PC feeling aggrieved by judgment passed by IVth Additional Sessions Judge, Indore, in Cr. A. No. 200/05 on 31-8-2005, whereby and wherein the order passed by JMFC in Cr. C. No. 139/05 on 17-2-2005 directing confiscation of jeep has been affirmed.

(2.) LEARNED Counsel for the applicant Shri S. L. Jain submitted that applicant is the registered owner of jeep bearing No. MP-12c-2828. The said jeep has given by him to one Manish Yadav and was seized by police Depalpur on 15-2-2005. On the allegation of transporting 40 quarters of liquor by this Jeep, by one Manish. The said accused Manish was convicted on admission for commission of offence punishable under Section 34 (1) (a) of the M. P. Excise Act. He has further submitted that the said Manish Yadav sentenced with imprisonment till arising of the Court and Fine of Rs. 2,000/ -. At the time of passing the judgment of conviction against accused Manish order of confiscation of jeep belonging to the present applicant was also passed by learned Magistrate without giving any notice to present applicant and without affording any opportunity of hearing to him as envisaged under Section 47 of the M. P. Excise Act.

(3.) LEARNED Government Advocate Shri G. S. Chouhan supported the order passed by learned Magistrate and confirmed by Additional Sessions Judge and argued that as the said Manish Yadav was convicted on his admission of guilt so, no further notice was required to be given to the present applicant particularly when no papers were available in the jeep which was seized by the police showing him registered owner of the vehicle in question.