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2022 Supreme(MP) 168

DINESH KUMAR PALIWAL
Aman Ahirwal – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Sandeep Kumar Mishra for applicant;
Ms. Kamlesh Tamrakar, Panel Lawyer for respondents/State.

ORDER

1. This petition under section 482 of Cr.P.C. has been filed against the order dated 9.12.2020 passed by 7th Additional Session Judge, Damoh in Criminal Revision No. 56/2020 arising out of order dated 20.10.2020 passed by Judicial Magistrate First Class, Damoh in MJCR No. 2556/2020 whereby, it dismissed the application of applicant registered owner of the vehicle filed under section 451/457 of Cr.P.C. for getting interim custody of vehicle (Maruti Alto) bearing registration No MP-20-CA-8630. Application of the applicant has been dismissed by both the Courts below on the ground that as per the provision under section 47-D of MP Excise Act, 1915 (hereinafter referred to as “Act”). The criminal Court has no jurisdiction to release the vehicle on interim custody because the District Magistrate has already initiated the proceeding against the applicant for confiscation of the vehicle and other seized property as per the provision under section 47-D of the Act.

2. The contention of the learned counsel for the applicant is that applicant is a registered owner of the vehicle Maruti Alto bearing registration No. MP-20-CA-8630. No liquor was seized from him. Under the provision of secti

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