Madhya Pradesh High Court
Harish Yadav vs The State Of Madhya Pradesh on 15 July, 2021
Author: Vivek Rusia
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M.Cr.C. Nos.32219/2021
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
(SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No. 32219 of 2021
(Harish Yadav S/o. Prabhulal. V/s. State of M.P.)
Date: 15.07.2021 :
Applicant by Shri Tarun Kushwaha, Advocate.
Respondent/State by Shri Prateek Patwardhan, Panel Advocate.
Heard the learned counsel for the parties through video
conferencing.
ORDER
The applicant has filed the present petition u/s. 482 of Cr.P.C.
against order dated 11.6.2021 passed by Fifth Addl. Sessions Judge,
Ratlam whereby Cr. Revision No.31/2021 has been dismissed and
order dated 9.4.2021 passed by Judicial Magistrate, First Class
(JMFC), Sailana, District Ratlam rejecting the application u/s. 451 &
457 of the Cr.P.C. has been upheld.
Facts of the case, in short, are as under :
On 20.3.2021, Police Station Bajna received a discrete
information about transportation of liquor illegally by Tavera Car
bearing Registration No.RJ-6-UA-4860. The police team reached to
Ruparel link road and saw the aforesaid car coming from front side.
After seeing the police, the driver of the vehicle turned the vehicle
towards Semalia road to avoid arrest . The vehicle was chased by the
police team and the driver left the vehicle in Village Semalia and fled
away. The police searched the vehicle and found large quantity of the
liquor packed number of boxes valued at Rs.63,360/- and accordingly
registered the FIR against unknown person .
The present applicant being the registered owner of the vehicle
filed the aforesaid application seeking temporary custody of the
vehicle on "Supurdiginama". Vide order dated 9.4.2021 learned JMFC
dismissed the application as the Superintendent of Police had
requested the Collector, (Excise) for initiation of confiscation
proceedings. Being aggrieved by the aforesaid order, the applicant
preferred the revision. Learned Addl. Sessions Judge dismissed the
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M.Cr.C. Nos.32219/2021
revision on the ground that vide order dated 3.6.2021 the Collector,
(Excise) has now sent an information to the trial Court about initiation
of the confiscation proceedings. Hence the present petition u/s. 482 of
the Cr.P.C. before this Court.
Learned counsel for the applicant submits that when the
application u/s. 451 & 457 of Cr.P.C. was filed before the JMFC, no
proceedings for confiscation were initiated by the Collector, therefore,
learned JMFC was competent to consider the application on merit.
Learned revisional Court has wrongly dismissed the revision on the
ground that now the confiscation proceedings have been initiated by
the Collector, Excise. It is further submitted by the learned counsel that
similar issue came up before this Court for consideration in M.Cr.C.
No.28304/2020 in which it has been held that an information about the
initiation of confiscation proceedings by the collector should have
been given to the Magistrate prior to consideration of the application
for consideration u/s. 451 of the Cr.P.C. and subsequent initiation of
confiscation during pendency of the revision shall not take away the
power of Magistrate to consider the application by virtue of section 47-
D of the Excise Act.
I have heard the learned counsel for the parties and perused the record.
Learned JMFC has rejected the application mainly on the
grounds firstly that the Superintendent of Police had sent a letter
requesting the Collector for initiation of the confiscation proceedings;
secondly the driver has not been arrested so far; and finally if the
vehicle is released on "Supurdiginama", the possibility of the use of
the vehicle in same crime again cannot be ruled out. The revision
preferred against the aforesaid order has been dismissed because of the
receipt of information vide letter dated 3.6.2021 about initiation of the
confiscation proceedings.
In view of the judgment of the co-ordinate Bench of this Court
in M.Cr.C. No.28304/2020, it is correct that the Magistrate enjoys the
power u/s. 47-D of the Excise Act till information is sent to the Court
by Collector about initiation of the confiscation proceedings, but the
request sent by the Superintendent of Police or any Police Station to
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M.Cr.C. Nos.32219/2021
the Court for initiation of confiscation proceedings should be basis of
rejection the application filed u/s. 451 & 457 of the Cr.P.C. under
section Section 47-D of the Excise Act. In the present case, the Police
Station sent an information to the Superintendent of Police about
seizure of the vehicle viz. Tavera Care vide letter dated 20.3.2021 and
vide letter dated 8.4.2021 the Superintendent of Police requested the
Collector for initiation of confiscation proceedings. Thereafter, the
Collector vide letter dated 3.6.2021 sent an information to the
revisional Court about the initiation of confiscation proceedings and
on the basis of this letter, the learned Addl. Sessions Judge has
dismissed the revision. Therefore, the order passed by the revisional
Court dated 11.6.2021 is not sustainable in law because the revision
has been dismissed only on the ground of the initiation of the
confiscation proceedings at that stage. The revisional court did not
consider the revision on merits of the case. The trial Court has rejected
the application only on the ground that the driver of the vehicle has not
been arrested. As on today, the present applicant is not accused in the
case, therefore, the matter is liable to be remitted back to the revisional
Court to consider the revision and examine validity of order dated
9.4.2021 on merits of the case and not on the ground of lack of
jurisdiction.
Accordingly, this petition u/s. 482 of Cr.P.C. is partly allowed.
Impugned order dated 11.6.2021 is set aside and the matter is remitted
back to the revisional Court to consider the revision on merit and also
the validity of order dated 9.4.2021 passed by the trial Court on merits
of the case.
With the aforesaid, this M.Cr.C. is disposed of.
( VIVEK RUSIA )
JUDGE
Alok/-
Digitally signed by ALOK GARGAV
Date: 2021.07.20 19:22:46 +05'30'
