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2021 Supreme(MP) 824

ARUN KUMAR SHARMA
AJAY KHATEEK – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
For Appellant : Mrs. Manjit P. S. Chuckal
For Respondent: Anand Shukla

ORDER/JUDGMENT (Heard through Video Conferencing) : – Mrs. Manjit P. S. Chuckal, learned counsel for the applicant.

    Shri Anand Shukla, learned Panel Lawyer for the respondent /State.

    2. The applicant has preferred this petition under section 482 of the Criminal Procedure Code being aggrieved by order dated 22-3-2021 passed by First Additional Sessions Judge, Katni in Criminal Revision No. 27/2021, affirming the order dated 8-2-2021 passed by Chief Judicial Magistrate, Katni in Criminal Case No. 30/2021, by which application moved by the applicant under section 457 of the Criminal Procedure Code for releasing the vehicle Maruti Suzuki Ertiga VXI bearing registration No. MP-21-CA-3397 on Supurdaginama has been rejected on the ground that there was compliance of section 47-A(3) of the M. P. Excise Act and thus, bar of section 47-D of the M. P. Excise Act is attracted.

    3. Brief facts of the case are that on 27-1-2021, acting upon secret information police intercepted Maruti Suzuki Ertiga VXI bearing Registration No. MP-21-CA-3397 and seized 144 bulk liters of country made as well as foreign liquor amounting to Rs. 93,320/- from the said vehicle. Thereafter, police registered Crime No.

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