Amit Thadani vs The State Of Madhya Pradesh
2023 Latest Caselaw 17139 MP

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                               ON THE 13 th OF OCTOBER, 2023
                                              WRIT PETITION No. 25846 of 2023

                           BETWEEN:-
                           AMIT THADANI S/O SHRI TILLU MAL THADANI, AGED
                           ABOUT 26 YEARS, OCCUPATION: BUSINESS R/O.
                           BHARHUT NAGAR WARD NO. 7, PS KOLGAWAN
                           DISTRICT SATNA M.P. (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI FALGUN YADAV - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY HOME DEPARTMENT
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    C O L L E C T O R DISTICT        SATNA     (MADHYA
                                 PRADESH)

                           3.    SUPERINTENDENT OF POLICE DISTRICT SATNA
                                 (MADHYA PRADESH)

                           4.    IN CHARGE OF POLICE STATION KOLGAWAN
                                 DISTRICT SATNA (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI ALOK AGNIHOTRI - GOVERNMENT ADVOCATE)

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

By the instant petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dated 21.08.2023 (Annexure-P/2) passed by the District Magistrate Satna, whereby the application submitted by the Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 10/13/2023 5:42:59 PM

petitioner for release of his vehicle, has been rejected.

2. Learned counsel for the petitioner submits that though the vehicle of the petitioner bearing registration number MP-04 CJ-8886 (XUV Car) was confiscated in an excise offence, but since the petitioner has been acquitted in the alleged offence vide judgment dated 01.11.2021, therefore, his vehicle should also be released.

3. Considering the aforesaid, though the objection has been raised by the counsel for the respondent/State, but I am inclined to consider and allow this petition. Accordingly, the same is allowed. The order dated 21.08.2023 contained in Annexure-P/2 passed by the District Magistrate Satna is hereby set

aside. The authority is directed to release vehicle of the petitioner as he acquitted in the offence in which his vehicle was seized after getting satisfied with the documents of ownership, if any, is submitted by the petitioner.

4. With the aforesaid observations, this petition is disposed of.

(SANJAY DWIVEDI) JUDGE ac/-

Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 10/13/2023 5:42:59 PM