RAJKUMAR MOURYA Vs. STATE OF M.P

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. seeking setting aside impugned order dated 04.02.2019 passed by ASJ, Budhni, District Sehore in Criminal Revision No.20/2019; whereby, order passed by JMFC, Budhni, District Sehore dated 31.10.2018 on an application filed by the petitioner under Section 457 of Cr.P.C dismissing the application has been affirmed. Inter alia prayer is made to release the pick-up vehicle bearing registration No.MP 09 GH 0243 on Supurdginama.

(2.) Facts of the case, in brief, are that on 25 th October, 2018 Police Station Shahganj during regular checking stopped vehicle bearing registration No.MP 09 GH 0243 wherein 200 cartoons of liquor was loaded. On enquiry it was found that though the driver was having the permit, however, he had changed the route which was prescribed. Consequently, accused was arrested and vehicle as well as liquor has been seized by the police and a case under the Excise Act has been registered.

(3.) Learned counsel for the petitioner has submitted that vehicle bearing registration No.MP 09 GH 0243 is owned by the petitioner. No proceedings of confiscation has been started before the Collector and only letter has been issued on 27.10.2018 by the police Station Shahganj, District Sehore through Superintendent of Police, District Sehore to Collector to start confiscation proceedings which is very clear from order dated 31.10.2018. The said vehicle is lying in the police station in open space and getting damaged day by day. If the aforesaid vehicle is not given on Supurdginama then the petitioner will suffer irreparable loss. The petitioner is ready to furnish surety to the satisfaction of the Court and abide the terms and conditions whatsoever imposed by the Court. It is contended that under such circumstances, impugned order is liable to be set-aside and a prayer is made that the vehicle bearing registration No.MP 09 GH 0243 may be released on Supurdginama.