AARIF Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under section 482 of the Cr.P.C has been filed for quashment of the order dated 23/03/2011 passed in Criminal Revision No. 13/2011 by the Sessions Judge, Burhanpur confirming the order dated 24/01/2011 passed by the Chief Judicial Magistrate, Burhanpur in Miscellaneous Criminal Case No. 371/2010 whereby the autorickshaw bearing No. MP-12-R-0348 has been confiscated because the vehicle was used in commission of crime under section 34(a) of M.P Excise Act.

(2.) The brief facts giving rise to this petition are that on 24/11/2008 the aforesaid autorichshaw was used by driver Ramesh in transportation of near about 120 quarter (ie about 22 litres) country made liquor without any authority. Therefore the autorickshaw was seized and against driver Ramesh crime No.271/2008 under section 34(a) of M.P Excise Act was registered and thereafter on completion of investigation, the charge sheet was filed against driver Ramesh before the Chief Judicial Magistrate, Burhanpur, which was registered as Criminal Case No.3691/2008 and thereafter he was convicted and sentenced vide order dated 28/04/2010. Simultaneously, it was directed that the confiscation proceeding be initiated against the registered owner of the autorickshaw and thereafter MJC No.371/2010 was registered against the applicant and after giving opportunity of hearing vide order dated 24/01/2011 the autorickshaw was confiscated and the aforesaid order was challenged before the Revisional Court and vide order dated 23/03/2011 passed in Criminal Revision No. 13/2011 by the Sessions Judge, Burhanpur the aforesaid order of confiscation was confirmed. Hence this petition has been filed.

(3.) Meanwhile the Criminal Appeal No. 49/2010 filed by Driver Ramesh against his conviction and sentence order dated 28/04/2010 was also disposed of by the Sessions Judge, Burhanpur vide judgment dated 13/12/2010 after confirming the conviction and reducing the sentence.