Vijay Khatik vs The State Of Madhya Pradesh
2023 Latest Caselaw 5155 MP

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 28 th OF MARCH, 2023
                                        MISC. CRIMINAL CASE No. 38014 of 2022

                          BETWEEN:-
                          VIJAY KHATIK S/O SHRI MATAPRASAD, AGED ABOUT
                          28 YEARS, RESIDENT OF SHIVVIHAR COLONY WARD
                          NO.-11 BTI ROAD BHIND POLICE STATION CITY
                          KOTWALI, DISTRICT BHIND (MADHYA PRADESH)

                                                                                        .....APPLICANT
                          (NONE FOR THE APPLICANT)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH
                          INCHARGE POLICE STATION POLICE STATION CRIME
                          BRANCH, DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (SMT. PADMSHRI AGRAWAL- LEARNED COUNSEL FOR THE
                          RESPONDENT- STATE )

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

The Advocates are abstaining from the Court work on account of call given by State Bar Council.

This petition under Section 482 of CrPC has been preferred by petitioner for setting aside the impugned order dated 25-03-2022 passed by Special Judge (NDPS ), Gwalior in Sessions Trial No. 26 of 2019 so far as it relates to paragraph 98 of the said judgment regarding initiation of confiscation proceedings in connection with vehicle bearing registration no.MP30C-4977 Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/29/2023 7:10:49 PM

while convicting accused for commission of offence under NDPS Act.

On perusal of impugned judgment as well as documents available on record, this Court does not find any illigality or perverity in the impugned judgment passed by Court below while making an observation regarding initiation of confiscation proceedings initiated against the owner of the vehicle in question. Accordingly, the petition fails and is hereby dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/29/2023 7:10:49 PM