UMESH KUMAR MODI Vs. STATE OF M.P

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. seeking setting aside of impugned order dated 01.03.2019 passed by ASJ, Budhni, District Sehore in Criminal Revision No.31/2019; whereby, order passed by JMFC, Budhni, District Sehore dated 17.01.2019 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 seized liquor 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-Driverwas arrested and 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 liquor which has been seized is owned by the petitioner and the same was being transported with due permission from the concerning authorities, however, the accused-driver of the vehicle had changed the route prescribed. Learned Court below has committed error of law in dismissing the revision filed by the petitioner as confiscation proceedings has been initiated after filing of application under Section 457 of CrPC for Supurdginama of the vehicle. It is further submitted that since confiscation proceedings were initiated after filing of application under Section 457 of CrPC, therefore, the impugned order is bad in law as the application has been dismissed solely on the ground of bar under Section 47-D of the Exicse Act which is not attracted unless intimation was received by the Court from the Collector. It is contended that under such circumstances, impugned order is liable to be set-aside and a prayer is made that the liquor may be released on Supurdginama.