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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MEHROZ K.PATHAN
Barikrao Somnath Chandanshive – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
MEHROZ K. PATHAN, J.
1. Issue notice to the Respondents. The learned APP waives service of notice for Respondents/State. By consent of parties, petition is taken up for final hearing.
2. The petitioner has approached this court for quashment of the order dated 13.11.2025 passed by the Additional Sessions Judge, Kallam, Dist. Osmanabad, thereby rejecting the revision filed by the petitioner, challenging the order dated 8.10.2025 passed by the learned JMFC, Kallam, in Criminal M.A. No. 116 of 2025.
3. By the aforesaid two orders, the application filed by the petitioner for interim custody of the vehicle seized in Crime No. 292 of 2025, registered with Excise Police Station, Dist. Dharashiv under Section 65 of the Maharashtra Prohibition Act, wherein, illicit liquor amounting to Rs. 25,000/- was seized by the Excise Department came to be rejected.
4. The learned counsel for the petitioner submits that the petitioner is not even an accused in the aforesaid crime. The aforesaid crime is registered against one Ramvilas Yadav, the friend of the petitioner, who had requested the petitioner to use his vehicle, as he was having some private work of taking his parents to a distant place
The courts lack jurisdiction to grant interim custody of a seized vehicle if confiscation proceedings have been initiated by the Collector under the M. P. Excise Act.
Ownership rights must be acknowledged in interim custody claims of seized vehicles under the NDPS Act, especially when no charges are laid against the owner.
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
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