STATE OF M.P. Vs. MOHAN SALES

JUDGEMENT

(1.) THE State of Madhya Pradesh has felt aggrieved from the appellate order dt. 25.7.89 passed by Additional Sessions Judge, Khurai in Cr. Appeal No. 57/89 arising from Misc. Cr. Case No. 26/88, in which order dt. 1.4.1989 passed u/s 454 Cr.P.C. by Judicial Magistrate First Class, Khurai was challenged and was modified.

(2.) THE short facts are that on 26.3.1985 foreign liquor in 33600 nips belonging to the respondents was seized and they were tried for offence u/s 34 (a) of the M.P. Excise Act vide Criminal Case No. 141/85. In that case the Magistrate ordered forfeiture of the entire liquor vide order dated 20.11.1985. However, the present respondents approached the Sessions Court in Cr. Appeal No. 138/85 which was decided by the IInd Additional Sessions Judge, Sagar on 31.4.1987 and order of forfeiture of the liquor was set aside and it was directed that the entire liquor be returned to the then appellants (present respondents). The State's appeal to the High Court being Appeal No. 843/87 failed on 1.2.1988.

(3.) THE State has felt still dissatisfied with the order of payment of Rs. 73,720/ - paise 54 as price of the liquor, which they could not return to the respondents.