Madhya Pradesh High Court
Smt Jyoti Chakrawarty vs The State Of Madhya Pradesh on 8 October, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:50962
1 WP-32024-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 8 th OF OCTOBER, 2025
WRIT PETITION No. 32024 of 2024
SMT JYOTI CHAKRAWARTY
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Durgesh Singrore - Advocate for petitioner.
Shri Abhishek Singh - Govt. Advocate for respondents/State.
ORDER
This petition is filed seeking the following reliefs :
(i) Issue a writ in the nature of certiorari/ mandamus by quashing the
impugned order Annexure P-1 dt. 18/03/2024 and directing the
respondents to hand over the vehicle bearing Registration No. MP 20
CK 8028 on Supurdnama to the petitioner in the interest of justice.
(ii) Issue any other writ, order or direction as this petition Hon'ble
Court deems fit and proper also be awarded.
2. It is argued that a criminal case is pending consideration before the trial
Court and despite the same, vide order dated 18.03.2024, confiscation
proceedings were drawn and petitioner's application for Supurdginama of the
vehicle bearing Registration No. MP-20-CK-8028 was rejected. It is
submitted that the vehicle in question cannot be confiscated during the
pendency of trial arising out of Crime No. 66 of 2023 registered at P.S.
Excise Circle Mandla for the offence under Section 34(1)(2) of the M.P.
Excise Act.
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
NEUTRAL CITATION NO. 2025:MPHC-JBP:50962
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: 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
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 impugned order dated 18.03.2024
being unsustainable is hereby quashed. The petitioner is at liberty to move an
appropriate application regarding Supurdginama of the vehicle in question
NEUTRAL CITATION NO. 2025:MPHC-JBP:50962
3 WP-32024-2024
before the competent Court.
6. In above terms, the petition stands allowed and disposed of finally. No
order as to costs.
(VISHAL MISHRA)
JUDGE
VV
