Jai Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1151 MP

                                                                         1
                                       IN      THE      HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                  BEFORE
                                                      HON'BLE SMT. JUSTICE ANJULI PALO
                                                           ON THE 19 th OF JANUARY, 2023
                                                       CRIMINAL REVISION No. 4703 of 2022

                                      BETWEEN:-
                                      JAI SINGH S/O VISHWANATH SINGH SAKET, AGED
                                      ABOUT     48  YEARS, VILLAGE CHHIJWAR POST
                                      MADHEPUR     TEHSIL HUZUR    POLICE STATION
                                      CHORAHATA DISTRICT REWA PERMANENT ADDRESS
                                      VILLAGE MAHEBA POLICE STATION PANNUGANJ
                                      DISTRICT SONBHADRA (UTTAR PRADESH)

                                                                                                      .....APPLICANT
                                      (BY SHRI L.P.SINGH - ADVOCATE )

                                      AND
                                      1.     THE STATE OF MADHYA PRADESH THROUGH
                                             COLLECTOR   DISTRICT  REWA   (MADHYA
                                             PRADESH)

                                      2.     S.H.O. POLICE STATION HANUMANA DISTRICT
                                             REWA (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                                      (BY SHRI PRASANNAJEET CHATTERJEE - PANEL LAWYER FOR TH
                                      RESPONDENT/STATE )

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

This revision has been filed by the applicant under Section 397/401 of the Criminal Procedure Code being aggrieved by the order dated 21.09.2022 passed by the learned Session Judge, Rewa in Criminal Appeal No.115/2022 Signature Not Verified SAN whereby the appeal filed by the applicant has been dismissed on the ground of Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.01.23 16:42:18 IST limitation.

The brief facts of the case are that the applicant is the registered owner of Truck No. MP 17 HH 2465 and the same was seized by the Police of Police Station Hanumana for transporting wheat of 425 quintal and 22 kg without there being any valid documents of Public Distribution Scheme. The Police Station Hanumana sent a letter to the Collector for confiscation of the vehicle. The Collector allowed the application of the Police by order dated 23.07.2018.

Against the order of Collector, the applicant filed an appeal before the Sessions Court, Rewa who has affirmed the order of the Collector by

judgment dated 24.12.2018. Thereafter, the applicant filed a revision against the order passed by the Collector dated 23.07.2019 and order dated 24.12.2018 before the High Court. A co-ordinate Bench of this Court by order dated 22.07.2019, quashed both the orders and remanded the matter to pass fresh order. The Collector vide order dated 23.03.2021 decided the confiscation matter holding that the applicant shall deposit Rs.3,18,920/- which is the valuation of seized vehicle loaded in the truck thereafter, the proceeding of releasing seized vehicle shall be made. The said order was challenged before the High Court. The co-ordinate Bench of this Court by order dated 21.07.2022 has dismissed the same with liberty to file appeal as per provision of Essential Commodities Act. Accordingly, the applicant filed an appeal before the Sessions Judge, Rewa who has dismissed the appeal on the ground of limitation by impugned order dated 21.09.2022.

Signature Not Verified
  SAN                                 Hence, this revision.
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2023.01.23 16:42:18 IST

Learned counsel for the applicant submits that the impugned order

has been passed on the ground of limitation is unjust and illegal. The matter relates to confiscation of Truck of the applicant and the applicant is facing litigation since 2016. The dismissal of appeal on the ground of limitation is not justified. The vehicle in question is only source of earning of the applicant and the same has been seized since 2016 and never given in custody a single time till now. Being truck owner, the applicant have right to transport the commodities and accordingly he loaded the wheat for purpose of transport the same on appropriate freight. There is no malafide intention and forge shows in the part of the applicant. The impugned order has wrongly been passed by the Collector by wrong appreciation of material fact, law and misapplication of mind.

Learned counsel for the State has opposed the revision and prayed dismissal of the same.

Heard learned counsel for the parties.

Considered the prayer made by learned counsel for the applicant and also appreciating the impugned order, this Court finds that there is no perversity or

illegality in the same. Learned counsel for the applicant seeks permission to

file fresh appeal with proper explanation regarding limitation but looking to the reasons stated by the learned Courts below in the impugned order,

this remedy cannot be granted to the petitioner.

Thus, the revision is hereby dismissed at motion stage.

Signature Not Verified SAN (SMT. ANJULI PALO) JUDGE Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.01.23 16:42:18 IST anu