Ramprasad Chaurasiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 3536 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                            BEFORE
              HON'BLE SHRI JUSTICE VISHAL DHAGAT
                    ON THE 28 th OF FEBRUARY, 2023
                  CRIMINAL REVISION No. 145 of 2023

BETWEEN:-
RAMPRASAD      CHAURASIYA S/O SHRI SAHDEV
CHAURASIYA, AGED ABOUT 43 YEARS, OCCUPATION:
DRIVER AND AGRICULTURIST VILLAGE BAREJ
BHATPURVA POLICE STATION HALIYA DISTRICT
MIRJAPUR U.P. (UTTAR PRADESH)

                                                                 .....PETITIONER
(BY SHRI M.P. SHUKLA - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MAUGANJ REWA DISTRICT REWA (MADHYA
PRADESH)

                                                               .....RESPONDENT
(BY SHRI C.P. SINGH PARMAR - GOVERNMENT ADVOCATE)

      This revision coming on for admission this day, th e court passed the
following:
                                     ORDER

Petitioner has filed this criminal revision challenging order dated 29.12.2022 passed in MJCR No.3027/2022 by Special Judge (NDPS) Act, Rewa, District-Rewa (MP).

2. By said order trial Court has refused to give the vehicle in question on supurdiginama to petitioner as vehicle was involved in transportation of contraband articles i.e. 1200 bottles of Codeine Cough Syrup.

3. Learned counsel appearing for petitioner submitted that petitioner is innocent and has falsely been involved in the case. If vehicle is not released then

petitioner will be deprived of his livelihood. Petitioner is not having any criminal antecedents. He will produce the vehicle before concerned Court as and when required. In these circumstances, order passed by trial Court may be set aside.

4. Learned Government Advocate appearing for State supported the order passed by trial Court. It is submitted that number of cases in respect of transportation and illegal selling of Codeine Cough Syrup is increasing in the State of Madhya Pradesh and action which has been taken by trial Court is only to check the rising crimes in respect of selling and transportation of cough syrup/contraband articles.

5. Heard the counsel for the parties.

6. There is no illegality or error in the order passed by the trial Court, hence, this CRR is dismissed.

7. Trial Court is at liberty to pass final order regarding disposal of property seized at the time of passing of judgment.

(VISHAL DHAGAT) JUDGE shabana SHABANA Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f43a5d4d93d2d13dda5107

ANSARI 35, pseudonym=B646F86821C200C9792A53984F1D0790135DE39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C191F68E5EBE90A6E101C F42422711, cn=SHABANA ANSARI Date: 2023.02.28 16:49:31 +05'30'