Madhya Pradesh High Court
Majid Khan vs The State Of Madhya Pradesh on 31 March, 2022
Author: Rajeev Kumar Shrivastava
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
ON THE 31st OF MARCH, 2022
MISC. CRIMINAL CASE No. 35302 of 2021
Between:-
1. MAJID KHAN S/O SHRI SALIM KHAN , AGED
ABOUT 22 YEARS, KHERAGARH (UTTAR PRADESH)
2. BHOJRAJ SINGH S/O MEGHSINGH , AGED ABOUT
40 YEARS, TOMAR MOHALLA, PS KHERAGARH,
(UTTAR PRADESH)
.....PETITIONERS
(SHRI ANURAG SHARA, COUNSEL FOR THE PETITIONERS)
VS
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION DIMNI (MADHYA PRADESH)
.....RESPONDENTS
(MS. KALPANA PARMAR, COUNSEL FOR THE RESPONDENT/STATE)
This PETITION coming on for HEARING this day, the court passed the
following:
ORDER
Petitioners have filed this petition under Section 482 of CrPC against
inaction on the part of respondent- authorities in releasing the vehicle Boleo pickup
bearing registration no.UP83BT8858on Supurdignma to the petitioners, despite the
order dated 10/10/2020 passed by the Court of JMFC, Ambah, District Morena by
which, the said vehicle was seized in connection with Crime No.227/2020
registered at Police Station Dimni, District Morena for offence under Sections
34(2), 47(A), 42 of MP Excise Act.
(2) Facts in short necessary for disposal of the present petition are that the
aforesaid vehicle is alleged to have been found carrying 518. 40 bulk liter of illicit
plain foreign liquor and the police authorities, on checking, seized the said four
wheeler near village Ranpur Tirah and thereafter, Crime No.227/2020 was
registered by the Excise Department against the petitioners along with other co-
accused persons. Thereafter, the petitioners moved an application under Section
457 of CrPC for release said vehicle on Supurdignama and the said application
was allowed by the Court of JMFC vide order dated 10/10/2020. Despite the order
of the Court of JMFC, the vehicle was not released to the petitioners on
Supurdignma by the police authorities and in the meanwhile, confiscation
proceedings were initiated by the Collector as per provisions of Section 47-A of
the MP Excise Act vide order dated 24/08/2021. Hence, this petition.
(3) It is submitted by counsel for the petitioners that the petitioner no.2 is the
owner of seized vehicle and he has already made an agreement with the petitioner
no.1 for plying the said vehicle. Registration certificate, agreement papers and
other requisite documents have also been produced by the petitioners before the
authorities. But even after passing the order by the Court of JMFC, the police did
not release the seized vehicle. It is further submitted that in the meanwhile, the
power of Collector for initiating the confiscation proceedings is bad in law as the
same should have been initiated only after culmination of criminal case and also
that the culmination proceedings should result in the conviction of accused only
then confiscation proceedings can be justified. It is submitted that the proceedings
of confiscation would come into play only after a Court of competent jurisdiction
found the accusation and the allegations made against accused as true and
recorded a finding that seized vehicle was, as a matter of fact, used in the
commission of offence. Merely on the basis of seizure and accusation of
allegations levelled by the Departmental authorities, the proceedings initiated would
render it to be invalid and unconstitutional. In support of contention, the counsel
for the petitioner has relied upon the judgment passed of the Supreme Court in the
matter of State of Madhya Pradesh vs. Madhukar Rao, reported in 2008(14)
SCC 624 and the order dated 24/06/2016 passed by Chhattisgarh High Court in
Criminal Misc. Petition No.221 of 2016 [Smt. Roop Kumari Sidar vs. State of
Chhattisgarh through District Magistrate, Distt. Durg(CG)]. IA No. 178 of
2022. Hence, it is prayed by the petitioners for quashing the impugned order
passed by the Collector and a direction may be issued for release of said vehicle to
the petitioners on Supurdignama.
(4) On the other hand, the State Counsel opposed the petition and submitted
that impugned order passed by Collector, is purely in accordance with provisions
of law governing the field and since it is purely in accordance with powers
conferred upon him and also speaking in nature, hence, the same do not warrant
any interference.Hence, prayed for dismissal of this petition.
(5) On perusal of the record, it is clear that a criminal case under Sections
34(2), 47(A), 42 of MP Excise Act was initiated against the petitioners and the
same is pending before the Court of JMFC. Pending the criminal case before the
Court of JMFC, the Collector had initiated confiscation proceedings in respect of
the said vehicle ordering confiscation, which has not been attained finality so far.
(6) In view of the aforesaid judicial pronouncements referred herein-above in
Madhukar Rao (supra) and Smt. Roop Kumar Sidar (supra), it appears that
order of specified officer confiscating the vehicle without awaiting decision of
competent criminal Court about commission of offence has also used the
offending vehicle in the said offence is without jurisdiction and without authority of
law. Therefore, this Court is inclined to take the same view and reach to the
conclusion that in absence of final adjudication in the criminal case initiated for
offence under Sections 34(2), 47(A), 42 of MP Excise Act, firstly against the
petitioners and secondly, in respect of seized vehicle involved in the alleged
offence, the initiation of confiscation proceedings by the Collector is per se illegal
and bad in law and the same is accordingly set aside.
(7) Accordingly, no case is made out for confiscation proceedings of said
seized vehicle. Therefore, it is directed that the seized vehicle be handed over to
the petitioners on Supurdignama, as per terms and conditions imposed by the
Court of JMFC in its order dated 10/10/2020.
(8) Petition stands allowed to the extent indicated above.
(RAJEEV KUMAR SHRIVASTAVA)
JUDGE
MKB
Digitally signed by MAHENDRA
BARIK
Date: 2022.04.04 18:24:02 +05'30'
