Citation : 2022 Latest Caselaw 2411 MP
Judgement Date : 21 February, 2022
1
The High Court Of Madhya Pradesh
WP No. 2404 of 2022
(M/S KELAX HEALTHCARE THR. PROPRIETOR SANJAY PATHAK Vs THE STATE OF MADHYA PRADESH AND
OTHERS)
Gwalior, Dated : 21-02-2022
Shri Sanjay Bahirani, learned counsel for the petitioner.
Shri Sanjay Kumar Sharma, learned GA for the respondents/State.
It is the submission of learned counsel for the petitioner that seizure cannot be made of immovable property in the light of the judgment rendered by Apex Court in the matter of Nevada Properties Pvt. Ltd. Vs. The State of
Maharashtra (2019) 20 SCC 119.
On the other hand, counsel for the State opposed the prayer on the ground that in the case in hand, machinery was installed in the premises of house for manufacturing of sub-standard/spurious drugs and therefore, it was placed where crime has been committed, therefore, seizure cannot be withdrawn.
Issue notice to the respondents on payment of process fee within seven days by RAD mode, returnable within four weeks.
Counsel for the State is directed to file reply in the matter. List after four weeks.
(ANAND PATHAK) JUDGE
Anil*
ANIL KUMAR CHAURASIYA 2022.02.18 19:13:34
-08'00'
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