Afzal Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 782 MP

                                                                              1
                                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                                   AT INDORE
                                                                      BEFORE
                                                      HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                ON THE 12 th OF JANUARY, 2023
                                                           MISC. CRIMINAL CASE No. 31667 of 2022

                                            BETWEEN:-
                                            AFZAL KHAN S/O JALAL KHAN 32/1, WARD NO. GRAM
                                            BORLAI TEHSIL MOHAN BADODIYA (MADHYA
                                            PRADESH)

                                                                                                            .....APPLICANT
                                            (BY SHRI SACHIN PARMAR - ADVOCATE)

                                            AND
                                            THE STATE OF MADHYA PRADESH STATION HOUSE
                                            OFFICER THROUGH POLICE STATION KHACHROD,
                                            (MADHYA PRADESH)

                                                                                                         .....RESPONDENT
                                            (BY SHRI PRANAY JOSHI - PANEL LAWYER)

                                                  This application coming on for admission this day, the court passed the
                                            following:
                                                                               ORDER

The present petition is filed under Section 482 of Cr.P.C. being aggrieved

by the order dated 13.06.2022 passed by Additional Sessions Judge, Khachrod, District-Ujjain in Criminal Revision No.4/2022 whereby the revision filed by the petitioner has been dismissed and the order passed by the Judicial Magistrate First Class, Khachrod, Dist. Ujjain dated 07.05.2022 passed in Criminal Case No.58/2022 has been affirmed.

Signature Not VerifiedDigitally signed by The applicant is the owner of vehicle which has been found to be SAN SOUMYA RANJAN DALAI Date: 2023.01.12 18:32:09 IST involved in commission of offences punishable under Section 4, 6, 9 of M.P. Govansh Vadh Pratishedh Adhiniyam 2004 and 11(1)(G) of Prevention of

Cruelty Act 1960 and Section 34(2) of MP Excise Act. The Courts below have rejected the application for custody of the vehicle on supurdagi filed by the applicant on the ground that the Collector has already issued notices for confiscation to the applicant and, therefore, as per the bar under Section 47(D) of M.P. Excise Act, the application is not maintainable.

Counsel for the applicant submits that as per the judgment passed by this Court in the case of Premdas vs. State of MP & Ors. reported in (2013) 2 MPLJ 218 and order dated 04.11.2022 passed by coordinate Bench in WP No.23243/2022 (Manojsingh vs. State of MP & Ors), no confiscation of a vehicle can be made till the criminal case is finalized.

Admittedly, in the present case, the challenge is not made to the proceedings of confiscation initiated by the Collector. Further the Collector has not yet passed any order of confiscation. The applicant shall have liberty to raise all objections admissible under the law before the Collector and he may also file an application for interim custody of the vehicle in accordance with the law. This Court does not find any illegality in the order impugned.

With the aforesaid liberty, the application is disposed off. CC as per rules.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2023.01.12 18:32:09 IST