Madhya Pradesh High Court

Nagendra Baghele vs The State Of Madhya Pradesh on 3 July, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

          NEUTRAL CITATION NO. 2025:MPHC-JBP:29044




                                                                      1                                       WP-22931-2025
                                IN    THE        HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                            BEFORE
                                              HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                         ON THE 3 rd OF JULY, 2025
                                                    WRIT PETITION No. 22931 of 2025
                                                   NAGENDRA BAGHELE
                                                         Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                Shri Sanjay Sharma - Advocate for petitioner.
                                Shri Suyash Thakur - Govt. Advocate for respondents/State.

                                                                          ORDER

This petition is filed seeking the following reliefs :

(i) To issue a writ in the nature of certiorari and set aside the order dated 17.12.2024 (Annexure P/1) passed by District Magistrate, Seoni (M.P.) as well as order dated 22.04.2025 (Annexure P/2) passed by Divisional Commissioner, Jabalpur (M.P.) and further direct the Police Station Chhapara District Seoni to release the Pickup Vehicle bearing Registration No. MP-50-ZD-1817 of the petitioner during pendency o criminal case.

(ii) Any other relief or writ or direction or order which this Hon'ble court may deem fit and proper looking the facts and circumstances of the case be awarded to the petitioner including the cost of the litigation.

2. It is argued that a criminal case is pending consideration before the

Judicial Magistrate First Class Lakhnadon District Seoni (M.P.) and despite the same, confiscation proceedings were drawn vide impugned order dated 17.12.2024. The appeal filed against that was also dismissed vide Annexure P/2. It is submitted that the vehicle in question (Pick-up Vehicle bearing Registration No.MP-50-ZD-1817) cannot be confiscated during the pendency of trial arising out of Crime No. 382 of 2024 registered at Police

NEUTRAL CITATION NO. 2025:MPHC-JBP:29044

2 WP-22931-2025 Station Chhapara for the offence under Sections 4, 6, 9 of the M.P. Govansh Vadh Pratishedh Adhiniyam, 2004 and Section 11 of Pashuo Ke Prati Krurta Ka Nivaran Adhiniyam, 1960 & Sections 6 & 7 of M.P. Krashak Pashu Pratishedh Adhiniyam, 1959 and Section 66/192 of Motor Vehicles Act, 1988.

3. It is pointed out that the aforesaid issue was considered by the Full Bench of this Court in the case of Ramlal Jhariya vs State of M.P. and others : WP No. 11356 of 2024 decided on 21.04.2025 wherein it is observed as under :

"96. Therefore, the questions referred to us in the matter of jurisdiction to pass confiscation order during pendency of criminal proceedings under M.P. Excise Act, 1915 and Cow Progeny Act are answered in the following manner :

A. Section 47-A of M.P. Excise Act conferring authority on the Collector to pass order for confiscation is declared ultra vires being disproportionately violative of Articles 19(1)(g) and 300-A of the Constitution of India. Therefore, question of confiscation by the Collector during pendency of criminal trial no longer survives in the matter, as order for confiscation can now be passed only by the Criminal Court trying the offence in terms of sections 46 and 47 thereof. As a necessary consequence thereto, Section 47-D would become inoperative in all cases where confiscation orders have not been passed as yet, having rendered superfluous. B. For cases under Cow Progeny Act, the Collector/District Magistrate shall be competent to initiate proceedings for confiscation during pendency of criminal trial, but no confiscation order can be passed

NEUTRAL CITATION NO. 2025:MPHC-JBP:29044

3 WP-22931-2025 before conclusion of criminal trial and the Collector/District Magistrate would be empowered to confiscate the vehicle only if conviction is recorded in criminal trial and involvement of vehicle and knowledge/connivance of the owner is proved in the criminal trial.

C. Writ petition is maintainable once an order is passed by the Collector/District Magistrate confiscating the vehicles by exercising powers under the provisions of M.P. Excise Act, 1915 and in case of Cow Progeny Act, if it is passed before conclusion of trial, because it will be without jurisdiction."

4. State counsel has fairly submits that the matter is squarely covered by the Full Bench judgment of this Court in the case of Ramlal Jhariya (supra) and the authorities were having no jurisdiction to pass the confiscation order pending criminal case.

5. Under these circumstances, the orders impugned being unsustainable are hereby quashed. The petitioner is at liberty to move an appropriate application regarding Supurdginama of the vehicle in question before the competent Court.

6. In above terms, the petition stands allowed and disposed of finally. No order as to costs.

(VISHAL MISHRA) JUDGE