HARENDRA SINGH THAKUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition, under Section 482 of the Code of Criminal Procedure (for short 'the Code'), for having the order, directing confiscation of seized jeep, bearing registration No. MP-36-D-0494, quashed.

(2.) THE jeep was seized from the possession of its driver-petitioner no. 2 in connection with Crime No. 841/07 registered at Kotwali Tikamgarh for the offence punishable under Section 34 (1) (a) of the M. P. Excise Act, 1915 (hereinafter referred to as 'the Act' ). The allegation against the petitioner No. 2, in short, was that on 14-12-2007 he was found carrying, without any license, permit or pass granted under this Act, four crates (48 bottles) of Beer in the Jeep owned by the petitioner No. 1. After due investigation, charge-sheet was submitted before Chief Judicial Magistrate, Tikamgarh. The accused/petitioner no. 2 pleaded guilty and was, accordingly, convicted under Section 34 (1) (a) of the Act by CJM, Tikamgarh and was sentenced to suffer imprisonment till rising of Court and to pay a fine of Rs. 3000/- , in default to undergo simple imprisonment for seven days. However, the jeep was also confiscated and the operative part of the corresponding judgment passed on 16-10-2007 in Cr. Case no, 1820/07 contained a specific direction to auction the jeep and to deposit the sale proceeds with the Government Treasury.

(3.) BEING aggrieved by the judgment and the order of confiscation, the petitioners preferred an appeal before the Court of Session. It was allowed in part vide a common judgment dated 7-11-07 passed in Cr. Appeal Nos. 147/07 and 154/07. Accordingly, the matter was remanded to the Trial Magistrate with a direction to decide the question as to confiscation of the jeep, after giving an opportunity of being heard to its registered owner-petitioner No. 1. Thereafter, for the reasons recorded in the order dated 24-11-2007, the Chief Judicial magistrate rejected owner's prayer, that was made by way of an application under Section 452 of the Code, for returning the vehicle. This order was subject-matter of the appeal by both the petitioners. It was ultimately dismissed by the Sessions Judge, Tikamgarh vide judgment dated 13-12-07, passed in Cr. A. No. 171/07.