Ganesh Prasad vs The State Of Madhya Pradesh
2023 Latest Caselaw 20896 MP

Madhya Pradesh High Court

Ganesh Prasad vs The State Of Madhya Pradesh on 11 December, 2023

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 3636 of 2023
                                        (GANESH PRASAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-12-2023
                                 Shri Shivendra Shukla - Advocate for the appellants.

                                 Shri Alok Agnihotri - Government Advocate for the respondent/State.

This appeal has been filed against the judgment dated 14.02.2023 passed by the Special Court of NDPS in SC NDPS No.08/2017, whereby the present appellant has been convicted for the offence under Section 20(B)(II)(B) r/w

8(C) of the N.D.P.S. Act awarding rigorous imprisonment for 2 years with fine of Rs.10,000/-, with default stipulations. However, in the said case the vehicle of the present appellant has also been seized.

The counsel for the appellant has moved an application i.e. I.A. No.22450/2023 under Section 452 of Cr.P.C. seeking release of seized vehicle.

Learned counsel for the appellant submits that the motorcycle bearing registration No.MP-36-MG-0937 was seized by the respondent while registration of offence and arresting the appellant.

Learned counsel for the State submits that as per the information received, the vehicle has not been confiscated and no proceeding of confiscation has been initiated.

Considering the aforesaid and the fact that the vehicle is lying in an open place at the police station, the condition of the same is unnecessarily being deteriorated day-by-day and if the it not released, the appellant would suffer loss, the aforesaid application is allowed.

Accordingly, CJM, Tikamgarh, is directed to release the vehicle after

verifying the documents available with the appellant regarding ownership of the vehicle. If the Court thinks fit, condition if any required, can also be imposed.

With the aforesaid, I.A. No.22450/2023 stands allowed and disposed of.

(SANJAY DWIVEDI) JUDGE Prachi