LAWS(MPH)-2018-3-61

IMRAN KHAN Vs. THE STATE OF MADHYA PRADESH

Decided On March 07, 2018
IMRAN KHAN Appellant
V/S
The State of Madhya Pradesh Respondents

JUDGEMENT

(1.) Heard on the question of admission. The grievance of the petitioner is that vide order dated 25.09.2017 passed by the District Magistrate, Chhindwara has ordered to release the vehicle Tata Indigo bearing C.S. Registration No. M.P 28- C.A/2880 but imposed a harsh condition of furnishing Bank guarantee of Rs.4,30,000/- for a period of four years.

(2.) Counsel for the petitioner submits that the car was seized in connection with offene under Section 34 (2) of M.P. Excise Act in relation to Crime No. 215/2016. The petitioner is a poor man and the car in question has been purchased by finance. Therefore, the condition of bank guarantee be removed. The petitioner is prepared to furnish "supurdnama."

(3.) Learned P.L for the respondent/State vehemently opposed the contentions advanced by the counsel for the petitioner. It is submitted that the vehicle if found used as in contravention of the provision Excise Act may be subjected to confiscation. Therefore, he tried to justify the order impugned.