Madhya Pradesh High Court
Kuldeep vs The State Of Madhya Pradesh on 24 June, 2021
Author: Rajeev Kumar Dubey
1 MCRC-31059-2021
The High Court Of Madhya Pradesh
MCRC-31059-2021
(KULDEEP Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 24-06-2021
Heard through Video Conferencing.
Shri Rajmani Mishra, learned counsel for the applicant.
Shri Harsh Gupta, learned P.L. for the respondent-State.
This petition has been filed under Section 482 of Cr.P.C. against the
order dated 13/02/2021 passed by the 1st Additional Sessions Judge, Betul in
Criminal Revision No.2/2021, whereby learned ASJ affirmed the order dated
08/01/2021 passed by learned Judicial Magistrate, First Class, Betul in
R.C.T.No.2302265/2016, whereby learned JMFC rejected applicant's
application filed under Section 457 of Cr.P.C. for getting the interim custody
of a truck bearing registration No.MP-48-H-0308 seized by the police in
connection with Crime No.82/2016 registered at Police Station Betul Bazar,
District Betul for the offence punishable under Section 34(2) of Excise Act
(hereinafter referred to as “The Actâ€).
Brief facts of the case which are relevant to the disposal of this petition
are that on 27/01/2016 on the information of informant Police stopped truck
bearing registration No.MP-48-H-0308 and seized 80 bulk liter country made
liquor from the said truck and also seized that truck bearing registration
No.MP-48-H-0308 and registered Crime No.82/2016 at Police Station Betul
Bazar, District Betul for the offence punishable under Section 34(2) of the
Excise Act and investigated the matter. After investigation, the Police filed
charge-sheet before JMFC, Betul. On that charge-sheet
R.C.T.No.2302265/2016 was registered. During the trial of the case applicant,
who is the registered owner of the said vehicle filed an application under
Section 457 of Cr.P.C. before the learned JMFC, Betul for getting interim
custody of the said vehicle. The learned JMFC rejected the said application
vide order dated 08/01/2021 observing that confiscation proceedings were
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proposed by the District Magistrate, Betul, therefore, in the light of Section
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Date: 2021.06.25 17:06:12 IST
2 MCRC-31059-2021
47-D of M.P. Excise Act, the Court has no jurisdiction to give the vehicle in
interim custody. Being aggrieved by that order, the applicant filed
Cr.R.No.2/2021, which was also rejected by the learned 1st Additional
Sessions Judge, Betul vide order dated 13/02/2021 observing that the
confiscation proceedings were started by the Collector, so application is not
maintainable. Being aggrieved from that order applicant filed this petition.
Learned counsel for the applicant submitted that from the order of
learned JMFC, Betul and 1st Additional Sessions Judge, Betul it is clear that
Collector did not send any information to the learned JMFC regarding
confiscation proceedings as per provisions under Section 47-D of the Act.
Therefore, the Criminal Court has jurisdiction to release the vehicle on
Supurdiginama in the absence of any information of Collector. It is further
submitted that the applicant is the registered owner of the truck bearing
registration No.MP-48-H-0308. So, the application of the applicant may be
allowed. In this regard, learned counsel of the applicant also placed reliance
on the judgment passed by Coordinate Bench of this Court in
M.Cr.C.No.30714/2019 (Hari Prasad & another Vs. State of M.P.)
decided on 13/08/2019.
On the other hand, learned counsel for the respondent/State opposed
the prayer and submitted that police seized truck bearing registration No.MP-
48-H-0308 in Crime No.82/2016 registered at Police Station Betul Bazar,
District Betul for the offence punishable under Section 34(2) of M.P. Excise
Act. According to Section 47-D of M.P. Excise Act after receiving the
intimation of initiation of confiscation proceedings, Magistrate has no
jurisdiction to give the interim custody of the vehicle seized under M.P.
Excise Act. So learned trial Court as well as Revisional Court, did not
commit any mistake in rejecting the applicant’s prayer.
The facts of the case Hari Prasad & another Vs. State of M.P.
(supra) relied upon by the learned counsel of the applicant do not match
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with the present case. In that case, the Court had not received any information
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3 MCRC-31059-2021
from the Collector to start the proceedings of the confession of the vehicle,
while in this case from the order of the JMFC it is apparent that learned
JMFC had received the information regarding initiation of confiscation
proceedings of vehicle by the collector before deciding the applicant’s
application. So that judgement does not assist the applicant.
From the perusal of the order of the concerning JMFC, it appears that
the learned JMFC rejected applicant’s application on the basis that in the
light of provisions of Section 47A & 47D of M.P. Excise Act, the
confiscation proceeding of the vehicle had been started separately by the
office of Collector Betul and the intimation regarding confiscation has already
been received. There is no evidence on record to show that Collector Betul
had not started the confiscation proceedings or had not sent the information
of the said proceeding to the JMFC till the date of hearing of the application
of the applicant by the JMFC, Betul. In the order dated 08/01/2021 passed by
learned JMFC and order dated 13/02/2021 passed by learned ASJ it is
mentioned that the information regarding initiation of confiscation
proceeding by the collector Betul had been received to the JMFC, so the
learned trial Court as well as revisional Court did not commit any mistake in
rejecting the applicant's application. In these circumstances, this Court is not
inclined to interfere in the order of the trial Court.
So, the petition is hereby dismissed.
Applicant is free to approach the concerned authority before whom
confiscation proceedings are pending.
(RAJEEV KUMAR DUBEY)
JUDGE
as
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Digitally signed by ANURAG SONI
Date: 2021.06.25 17:06:12 IST
